The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Regulation 7B

[F1SCHEDULE 3DE+W+SEFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS

[F21.  This Schedule sets out the exceptions to the general rule in section 17(4) of the Child Support Act (that is the rule that a supersession decision takes effect from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which an application for a supersession is made).E+W+S

Expected changeE+W+S

2.  Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the beginning of the maintenance period in which that change or that ground is expected to occur.

Decision backdated to when the change occurredE+W+S

3.  Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the beginning of the maintenance period in which the change occurred—

(a)a qualifying child dies or ceases to be a qualifying child;

[F3(aa)a relevant other child dies or ceases to be a relevant other child;]

(b)the person with care ceases to be a person with care in relation to a qualifying child;

(c)the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom; F4...

(d)paragraph 4(2) of Schedule 1 to the Child Support Act (flat rate for a non-resident parent whose partner is a non-resident parent) begins or ceases to apply[F5; or

(e)the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2) of those Regulations.]

[F63A.  In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.]

Non-resident parent or partner on or off benefitE+W+S

F74.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New qualifying childE+W+S

5.  Paragraphs 6 and 7 apply where the ground for the supersession is that there is a new qualifying child in relation to the non-resident parent.

6.  Where there is a new qualifying child in relation to the same person with care—E+W+S

(a)if the application is made by the non-resident parent, the decision takes effect from the beginning of the maintenance period in which the application is made; and

(b)if the application is made by the person with care the decision takes effect from the beginning of the maintenance period in which notification of the application is given to the non-resident parent.

7.  Where there is a new qualifying child in relation to a different person with care and an application for a maintenance calculation has been made under section 4 or section 7 of the Child Support Act, the decision takes effect from the beginning of the maintenance period in which notification of the calculation is given to the non-resident parent.E+W+S

Series of changes waiting to be actionedE+W+S

8.  Where a decision is superseded on application and, in relation to that decision, a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations is the beginning of the maintenance period in which the change of circumstances to which the calculation relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, [F8the beginning of the maintenance period in which that application was made].

Own initiative decisionE+W+S

9.  Unless paragraph 4 applies, where a decision is superseded in a case where the [F9Secretary of State] is required to give notice under regulation 7C, the decision takes effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the [F9Secretary of State] has given notice (oral or written) to the relevant persons under that regulation.

Supersession of tribunal decision made pending outcome of a related appealE+W+S

10.  Where, in accordance with section 28ZB(5) of the Child Support Act (appeals involving issues that arise on appeal in other cases), the [F9Secretary of State] makes a decision superseding the decision of the First-tier Tribunal or the Upper Tribunal, the superseding decision takes effect from the beginning of the maintenance period following the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the court in the appeal referred to in section 28ZB(1)(b).

Supersession of tribunal decision made in error due to misrepresentation etc. E+W+S

11.  Where—

(a)a decision made by [F10an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner] is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and

(b)the [F11Secretary of State] is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision takes effect from the date on which the decision of [F12an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner (as the case may be)] took, or was to take, effect.

Supersession of look alike case where law reinterpreted by the Upper Tribunal or a courtE+W+S

12.  Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC (cases of error) of that Act takes effect from the date of the relevant determination.]]