[ Circumstances in which a child support decision may not be supersededE+W+S
6B.—[(1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the [Secretary of State], [an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner], on an application made under regulation [6A(2)(a)], shall not be superseded where the difference between—
(a)the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and
(b)the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,
is less than 5% of the figure in sub-paragraph (a).
(2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation [6A(2)(a)] but for the application of this regulation.
[(3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.]
(4) This regulation shall not apply to a decision under regulation [6A(2)(a)] where—
(a)the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;
(b)the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;
(c)the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;
( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ...
(e) the superseding decision takes effect from the dates prescribed in regulation [paragraph 4 of Schedule 3D]][; or
(f)a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.]
[(5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the [Secretary of State] may make a superseding decision on the basis that application A was made at the same time as application B.]]