Amendment of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 20035

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)8 or Article 27(1)(b)9;

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).