The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005

Amendment of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

5.—(1) Amend regulation 16 (date as from which superseding decisions take effect) as follows.

(2) In paragraph (2)(a) after “had effect” insert “(or, in the case of an advance award, was made)”.

(3) After paragraph (9) insert—

“(9A) Where—

(a) a Commissioner or the court determines an appeal as mentioned in section 27(1)(a) or Article 27(1)(a) (“the relevant determination”) and the Board make a decision of the kind specified in section 27(1)(b)(1) or Article 27(1)(b)(2);

(b) there is an appeal against the relevant determination;

(c) after the Board’s decision, payment is suspended in accordance with regulation 18(1) and (3)(b), and

(d) on appeal the court reverses the relevant determination in whole or in part,

a consequential decision by the Board under section 10 or Article 11 which supersedes the earlier decision referred to in sub-paragraph (a) above shall take effect from the date on which that earlier decision took effect.

In this paragraph “the court” has the meaning given in section 27 or Article 27 (as the case requires).”.

(1)

There are amendments to section 27 which are not relevant for present purposes.

(2)

There are amendments to Article 27 which are not relevant for present purposes.