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Child Support Act 1991

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Child Support Act 1991, Section 16 is up to date with all changes known to be in force on or before 18 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F116Revision of decisionsE+W+S

(1)Any decision [F2to which subsection (1A) applies] may be revised by the [F3Secretary of State]—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on [F3the Secretary of State’s] own initiative;

and regulations may prescribe the procedure by which a decision of the [F3Secretary of State] may be so revised.

[F4(1A)This subsection applies to—

(a)a decision of the [F5Secretary of State] under section 11, 12 or 17;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a decision of [F7the First-tier Tribunal] on a referral under section 28D(1)(b).

(1B)Where the [F8Secretary of State] revises a decision under section 12(1)—

(a)[F9the Secretary of State] may (if appropriate) do so as if F10... revising a decision under section 11; and

(b)if [F11the Secretary of State] does that, [F11the] decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).]

(2)In making a decision under subsection (1), the [F12Secretary of State] need not consider any issue that is not raised by the application or, as the case may be, did not cause [F13the Secretary of State] to act on [F14the Secretary of State’s] own initiative.

(3)Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

(4)Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

(5)Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6)Except in prescribed circumstances, an appeal against a decision of the [F15Secretary of State] shall lapse if the decision is revised under this section before the appeal is determined.]

Textual Amendments

F1S. 16 substituted (16.11.1998 for specified purposes, 7.12.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 40, 87(2); S.I. 1998/2780, art. 2(a)(c) (with art. 3) (for transitional provisions see S.I. 1999/1510, art. 48(3)(7))

F2Words in s. 16(1) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F4S. 16(1A)(1B) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)

C1S. 16 applied by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), reg. 3A (as inserted (3.3.2003 for specified purposes) by S.I. 2000/3185, regs. 1, 5; S.I. 2003/192, art. 3(1), Sch)

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