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There are currently no known outstanding effects for the The Child Support Maintenance Calculation Regulations 2012, Section 14.
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14.—(1) A decision to which section 16(1A) of the 1991 Act applies M1 may be revised by the Secretary of State—
(a)if the Secretary of State receives an application for the revision of a decision either—
(i)under section 16 of that Act, or
(ii)by way of application under section 28G of that Act M2 (application for a variation where a maintenance calculation is in force),
within 30 days after the date of notification of the decision or within such longer time as may be allowed under regulation 15;
(b)if the Secretary of State is satisfied that the decision was wrong due to a misrepresentation of, or failure to disclose, a material fact and that decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for the wrongness of the decision;
(c)if an appeal is made under section 20 of the 1991 Act M3 (appeals to First-tier Tribunal) against a decision within the time limit prescribed by the Tribunal Procedure Rules but that appeal has not been determined;
(d)if the Secretary of State commences action leading to the revision of the decision within 30 days after the date of notification of the decision;
(e)if the decision arose from official error;
(f)if the information held by HMRC in relation to a tax year in respect of which the Secretary of State has determined historic income for the purposes of regulation 35, or unearned income for the purposes of regulation 69, has since been amended; or
(g)if the ground for revision is that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.
(2) A decision may not be revised because of a change of circumstances that occurred since the decision had effect or is expected to occur.
(3) An interim maintenance decision or default maintenance decision made under section 12 of the 1991 Act may be revised at any time.
(4) In paragraph (1)(e) “official error” means an error made by an officer of the Department for Work and Pensions or HMRC acting as such to which no person outside the Department or HMRC materially contributed, but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of the Upper Tribunal or the court.
Commencement Information
I1Reg. 14 wholly in force; reg. 14 not in force at made date; reg. 14 in force at 29.7.2013 for certain purposes and reg. 14 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947
Marginal Citations
M1Section 16(1A) was inserted by section 8(1) and (3) of the 2000 Act and amended by Schedule 8 to the 2008 Act and S.I. 2008/2833. The decisions to which section 16(1A) applies are: a maintenance calculation; an interim maintenance decision; a default maintenance decision; a supersession; a decision on a variation referred to an appeal tribunal under section 28D of the 1991 Act.
M2Section 28G was substituted by section 7 of the 2000 Act and amended by Schedule 8 to the 2008 Act.
M3Section 20 was amended by paragraphs 1(1) and (4) to (6) and 3 of Schedule 7, and Schedule 8, to the 2008 Act and S.I. 2008/2833.
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