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

[F1Supersession of child support decisionsE+W+S

6A.—[F2[F3(1) Subject to paragraphs (7) and (8), the cases and circumstances in which a decision (“a superseding decision") may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6).

(2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where—

(a)there has been a relevant change of circumstances since the decision had effect; or

(b)the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

(3) Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that—

(i)there has been a change of circumstances since the date from which the decision had effect; or

(ii)it is expected that a change of circumstances will occur; and

(b)the Secretary of State is satisfied that the change of circumstances is or would be relevant.

(4) A decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b)the Secretary of State is satisfied that the fact is or would be material.

[F4(4A) A decision may be superseded by a decision made by the Secretary of State—

(a)where an application is made on the basis that; or

(b)acting on his own initiative where,

the decision to be superseded is a decision of [F5an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner] that was made in accordance with section 28ZB(4)(b) of the Child Support Act, in a case where section 28ZB(5) of that Act applies.]

(5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—

(a)acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or

(b)where an application is made on the basis that the decision was erroneous in point of law.

(6) A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.

(7) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

(8) Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.

(9) For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.]

[F3(1) This regulation and regulation 6B set out the circumstances in which a decision may be made by the [F6Secretary of State] under section 17 of the Child Support Act (decisions superseding earlier decisions).

(2) A decision may be superseded by a decision of the [F7Secretary of State], on an application or acting under [F7the Secretary of State’s] own initiative, where—

(a)there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;

(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c)the decision was wrong in law (unless it was a decision made on appeal).

(3) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Act or where the [F8Secretary of State] no longer has jurisdiction by virtue of section 44 of that Act.

(4) A decision may be superseded by a decision of the [F8Secretary of State] where the [F8Secretary of State] receives an application for a variation of the decision under section 28G of the Child Support Act.

(5) A decision may not be superseded in circumstances where it may be revised.

(6) A decision to refuse an application for a maintenance calculation may not be superseded.]]]

Textual Amendments

F1 Reg. 6A - Reg. 6B inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3 ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 8 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F4 Reg. 6A(4A) inserted (5.5.2003 and for specified purposes, being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3, 5.5.2003 in so far as not already in force) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(b), 3(4) (with reg. 6)

F5Words in reg. 6A(4A) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(3)