Modification of the Social Security and Child Support (Decisions and Appeals) Regulations 19996
1
The Social Security and Child Support (Decisions and Appeals) Regulations 19999 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as substituted by Schedule 1 to the Child Support, Pensions and Social Security Act 2000, before its amendment by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 200810, as if they had been amended as follows.
2
In regulation 3A(1) (revision of child support decisions)11, for sub-paragraph (a) substitute—
a
if the Secretary of State receives an application for the revision of a decision under either section 16 or section 28G of the Child Support Act—
i
within one month of the date of notification of the decision;
ii
within one month of the date on which notice of the correction is given under regulation 9B(3) (correction of accidental errors in child support decisions); or
iii
within such longer time as may be allowed under regulation 4;
3
After regulation 9A (correction of accidental errors)12 insert—
Correction of accidental errors in Child Support Decisions9B
1
An accidental error in a decision of the Secretary of State made under the Child Support Act 1991, or in any record of such a decision, may be corrected by the Secretary of State at any time.
2
Such a correction is to be treated as part of that decision or of that record.
3
The Secretary of State must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.
4
In calculating the time within which an application may be made under regulation 3A(1)(a) (revision of child support decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of any correction was given.