F13 PART IV RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

Annotations:
Amendments (Textual)
F13

Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

CHAPTER IGENERAL

GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

Appeal against a decision which has been F18F4replaced or revised30

1

F19An appeal against a decision of the Secretary of State F16... F1or the Board or an officer of the Board shall not lapse where the decision F5is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act or section 9 before the appeal is determined and the decision as F6replaced or revised is not more advantageous to the appellant than the decision before it was F7replaced or revised.

F19An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—

a

the decision is revised under section 9 before the appeal is determined; and

b

the decision as revised is not more advantageous to the appellant than the decision before it was revised.

2

Decisions which are more advantageous for the purposes of this regulation include decisions where—

a

any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;

b

it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

c

as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;

d

it reverses a decision to pay benefit to a third party;

F14dd

it reverses a decision under section 29(2) that an accident is not an industrial accident;

e

in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act M1 or regulations made under any of those sections, or the amount so recoverable is reduced; or

f

a financial gain accrued or will accrue to the appellant in consequence of the decision.

3

F20Where a decision as F8replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act or under section 9 is not more advantageous to the appellant than the decision before it was F9replaced or revised, the appeal shall be treated as though it had been brought against the decision as F10replaced or revised.

F20Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.

4

The appellant shall have a period of one month from the date of notification of the decision as F21F11replaced or revised to make further representations as to the appeal.

5

After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the F15First-tier Tribunal shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F17... F2or the Board or an officer of the Board further revises hisF3, or revise their, decision and that decision is more advantageous to the appellant than the decision before it was F21F12replaced or revised.