The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Changes over time for: Section 3A

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01/01/2015- Amendment
01/01/2015
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[F1Revision of child support decisionsE+W+S

3A.—[F2(1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the [F3Secretary of State]—

(a)if [F4the Secretary of State] receives an application for the revision of a decision either—

(i)under section 16; or

(ii)by way of an application under section 28G,

of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;

(b)if—

(i)[F4the Secretary of State] notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the [F3Secretary of State] is not in possession of all of the information or evidence needed to make a decision; and

(ii)that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the [F3Secretary of State] is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;

(c)if [F4the Secretary of State] is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;

[F5(cc)if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed [F6by Tribunal Procedure Rules] but the appeal has not been determined;]

(d)if [F7the Secretary of State] commences action leading to the revision of the decision within one month of the date of notification of the decision; or

(e)if the decision arose from an official error[F8; or

(f)if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.]

(2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—

(a)occurred since the date on which the decision had effect; or

(b)according to information or evidence which the [F9Secretary of State] has, is expected to occur.

[F10(3) In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the [F11Secretary of State] under section [F1211 or 12] of the Child Support Act, or a determination of [F13the First-tier Tribunal] on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.]

(4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.

(5) Where the [F14Secretary of State] revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.

[F15(5A) Where—

(a)the [F16Secretary of State] makes a decision (“decision A”) and there is an appeal;

(b)there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by [F17the First-tier Tribunal] (“decision C”); and

(c) the [F16 Secretary of State ] would have made decision B differently if F18 ... aware of decision C at the time [F18of making] decision B,

decision B may be revised at any time.]

F19(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F20(8) Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the [F21Secretary of State] not to make a maintenance calculation, as it applies in relation to any decision of the [F21Secretary of State] under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.

(9) Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the [F21Secretary of State] makes a decision under section 12 of the Child Support Act.]]

Textual Amendments

F1 Reg. 3A inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 5 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F2Reg. 3A omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(3)

F3Words in reg. 3A(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(3)(a)(i)

F4Words in reg. 3A(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(3)(a)(ii)

F5 Reg. 3A(1)(cc) inserted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(a)(i)

F6 Words in reg. 3A(1)(cc) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 99(a)

F7Words in reg. 3A(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(3)(a)(iii)

F8 Reg. 3A(1)(f) and preceding word inserted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(a)(ii)

F9Words in reg. 3A(2)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(3)(b)

F10 Reg. 3A(3) substituted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(b)

F11Words in reg. 3A(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(3)(b)