PART 5Reviews and appeals

Appeals

Appeal against determination as to qualifying child of working parents41.

(1)

This regulation applies if a person appeals to the First-tier Tribunal against a determination as to whether a child is a qualifying child of working parents.

(2)

The Tribunal may—

(a)

confirm the determination, or

(b)

withdraw any part of the determination the Tribunal finds was—

(i)

based on an error in fact, or

(ii)

wrong in law.

(3)

If the Tribunal withdraws a part of the determination—

(a)

it must for that part substitute its own determination, and

(b)

the substituted determination is to be treated as if it were a determination made by the Commissioners or the responsible local authority (as the case may be) on the date of the notice that states the Tribunal’s decision59.