Supersession of child support decisions6A

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A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where—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Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where—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A decision may be superseded by a decision made by the Secretary of State where—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.

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A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—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A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section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The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.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for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.

Circumstances in which a child support decision may not be superseded6B

1

Except as provided in paragraph (4), and subject to paragraph (3), a decision of the Secretary of State, appeal tribunal or Child Support Commissioner, on an application made under regulation 6A(3), 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(3) but for the application of this regulation.

3

Where the application for a supersession is made on more than one ground this regulation shall only apply to the ground relating to the net income of the non-resident parent.

4

This regulation shall not apply to a decision under regulation 6A(3) 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

the decision being superseded was a decision that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments or was a decision under section 17 of the Child Support Act superseding that decision, whether as originally made or as revised under section 16 of that Act; or

e

the superseding decision takes effect from the dates prescribed in regulation 7B(1) to (3), (19) or (20).