The Child Support (Miscellaneous Amendments) Regulations 2009

Amendment of the Decisions and Appeals Regulations

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M1 are amended as follows.

(2) In regulation 3A (revision of child support decisions)—

(a)wherever the words “Secretary of State” occur, substitute “ Commission ”;

(b)wherever “he” occurs, substitute “ it ”; and

(c)omit paragraphs (6) and (7).

(3) In regulation 4 (late application for a revision), after the words “Secretary of State”, wherever they occur, insert “ , the Commission ”.

(4) For regulation 6A substitute—

“Supersession of child support decisions

6A.—(1) This regulation and regulation 6B set out the circumstances in which a decision may be made by the Commission under section 17 of the Child Support Act (decisions superseding earlier decisions).

(2) A decision may be superseded by a decision of the Commission, on an application or acting under its own initiative, where—

(a)there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;

(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c)the decision was wrong in law (unless it was a decision made on appeal).

(3) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Act or where the Commission no longer has jurisdiction by virtue of section 44 of that Act.

(4) A decision may be superseded by a decision of the Commission where the Commission receives an application for a variation of the decision under section 28G of the Child Support Act.

(5) A decision may not be superseded in circumstances where it may be revised.

(6) A decision to refuse an application for a maintenance calculation may not be superseded.”.

(5) In regulation 6B (circumstances in which a child support decision may not be superseded)—

(a)wherever the words “Secretary of State” occur, substitute “ Commission ”;

(b)wherever “6A(3)” occurs, substitute “ 6A(2)(a) ”;

(c)omit paragraph (4)(d); and

(d)in paragraph (4)(e) for “7B(1) to (3) or (20)” substitute “ paragraph 4 of Schedule 3D ”.

(6) For regulation 7B substitute—

“Effective date of a supersession decision

7B.  Schedule 3D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in section 17(4) of the Child Support  Act.”.

(7) In regulation 7C (procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative) for “Secretary of State” substitute “ Commission ”, for “his” substitute “ its ” and for “he” substitute “ it ”.

(8) In regulation 15A (provision of information) wherever the words “Secretary of State” occur substitute “ Commission ” and wherever “he” occurs substitute “ it ”.

(9) In regulation 15B (procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation) wherever the words “Secretary of State” occur substitute “ Commission ” and wherever “he” occurs substitute “ it ”.

(10) In regulation 15C (notification of a decision made under section 16 or 17 of the Child Support Act)—

(a)wherever the words “Secretary of State” occur substitute “ Commission ” and wherever “he” occurs substitute “ it ”; and

(b)omit paragraphs (6) to (8).

(11) Omit regulation 15D (procedure in relation to the adjustment of the amount payable under a maintenance calculation).

(12) In regulation 23 (child support decisions involving issues that arise on appeal in other cases) wherever the words “Secretary of State” occur substitute “ Commission ” and wherever “he” occurs substitute “ it ”.

(13) In regulation 24 (child support appeals involving issues that arise in other cases) for “Secretary of State” substitute “ Commission ” and for “he” substitute “ it ”.

(14) In regulation 30 (appeal against a decision which has been replaced or revised) after the words “Secretary of State”, wherever they occur, insert “ , the Commission ”.

F1(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) After Schedule 3C insert—

Regulation 7B

“SCHEDULE 3DEFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS

1.  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).

Expected change

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 occurred

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;

(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; or

(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.

Non-resident parent or partner on or off benefit

4.  Where a supersession decision is made by the Commission acting on its own initiative on the basis of information or evidence which was also the basis of a decision made by the Secretary of State under section 8, 9 or 10 of the Act (decisions on claims for benefits), the decision takes effect from the beginning of the maintenance period in which that information is brought to the attention of the Commission.

New qualifying child

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—

(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.

Series of changes waiting to be actioned

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, the date of that application.

Own initiative decision

9.  Unless paragraph 4 applies, where a decision is superseded in a case where the Commission 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 Commission has given notice (oral or written) to the relevant persons under that regulation.

Supersession of tribunal decision made pending outcome of a related appeal

10.  Where, in accordance with section 28ZB(5) of the Child Support Act (appeals involving issues that arise on appeal in other cases), the Commission 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.

11.  Where—

(a)a decision made by the First-tier Tribunal or the Upper Tribunal 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 Commission 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 the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.

Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court

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.”.