PART IIE+W+SF1 REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY [F2AND CHILD SUPPORT]

Textual Amendments

F1 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 )

F2 Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)

CHAPTER IIE+W+SSUPERSESSIONS

[F3Effective date of a supersession decision] [F3[F4Date from which a decision superseded under section 17 of the Child Support Act takes effect ]E+W+S

7B.—[F5[F3(1) Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act (“the officer").

[F6(1A) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

(a)paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after—

(i)the date on which the non-resident parent becomes the partner of a non-resident parent; or

(ii)where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or

(b)paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which—

(i)the non-resident parent or his partner ceases to be a non-resident parent; or

(ii)the non-resident parent ceases to be the partner of a non-resident parent.]

(2) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

(a)the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

(b)entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

(3) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

(a)the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

(b)entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

(4) Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.

(5) Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.

(6) Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.

(7) Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

(8) For the purposes of paragraph (7)—

(a)where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;

(b)notification includes oral and written notification;

(c)where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(d)the date of written notification is the date on which it was given or sent to the person.

(9) Where—

(a)a decision made by [F7the First-tier Tribunal or the Upper Tribunal] is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b)the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect from the date on which the decision of [F8the First-tier Tribunal] or, as the case may be, [F9the Upper Tribunal] took, or was to take, effect.

(10) Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act shall take effect from the date of the relevant determination.

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F10( 12 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10( 13 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10( 14 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10( 15 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10( 16 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.

[F11(17A) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

(17B) Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from—

(a)subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following—

(i)where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or

(ii)where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;

(b)the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.

(17C) For the purposes of paragraph (17B)—

(a) in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations ;

(b) in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations , in respect of an application for a maintenance calculation. ]

(18) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

F12( 19 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.

(21) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

(a) an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act F13 ... in respect of a non-resident parent; and

(b)before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child,

the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.

(22) Where a superseding decision is made in a case to which regulation 6A(3) applies and in relation to that decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.

[F14(22A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the [F15First-tier Tribunal or the Upper Tribunal’s] decision would have taken effect had it been decided in accordance with the determination [F16of the Upper Tribunal] or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.]

(23) In this regulation—

[F3Schedule 3D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in section 17(4) of the Child Support  Act.]]

Textual Amendments

F4 Reg. 7B - Reg. 7C inserted (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 9 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F11 Reg. 7B(17A)-(17C) 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 (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(b), 3(2)

F13 Words in reg. 7B(21)(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 4(4)(b)

F14 Reg. 7B(22A) 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, 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(6) (with reg. 6 )