Amendment of the Decisions and Appeals Regulations2

1

The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.

2

In regulation 3A14 (revision of child support decisions)—

a

in paragraph (1)—

i

after sub-paragraph (c) there shall be inserted—

cc

if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed in regulation 31, or in a case to which regulation 32 applies within the time prescribed in that regulation, but the appeal has not been determined;

ii

at the end of sub-paragraph (e) there shall be added—

  • ; or

    1. a

      if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.

b

for paragraph (3) there shall be substituted—

3

In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the Secretary of State under section 11, 12 or 46 of the Child Support Act, or a determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.

c

after paragraph (5) there shall be inserted—

5A

Where—

a

the Secretary of State makes a decision (“decision A”) and there is an appeal;

b

there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by an appeal tribunal (“decision C”); and

c

the Secretary of State would have made decision B differently if he had been aware of decision C at the time he made decision B,

decision B may be revised at any time.

3

In regulation 6B(4)(e) (circumstances in which a child support decision may not be superseded) the reference to “, (19)” shall be omitted.

4

In regulation 7B (date from which a decision superseded under section 17 of the Child Support Act takes effect)15—

a

after paragraph (1) there shall be inserted—

1A

Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

a

paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after—

i

the date on which the non-resident parent becomes the partner of a non-resident parent; or

ii

where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or

b

paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which—

i

the non-resident parent or his partner ceases to be a non-resident parent; or

ii

the non-resident parent ceases to be the partner of a non-resident parent.

b

paragraph (19) shall be omitted.

5

In regulation 31(2)16 (time within which an appeal is to be brought) after “regulation 3(1) or (3)” in both places where it occurs, there shall be inserted “or 3A(1)”.