The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

Preamble

SCHEDULE 1POWERS EXERCISED IN MAKING THESE REGULATIONS

1.  Section 5(1)(hh) of the Administration Act(1).

2.  Section 5(1)(hh) of the Administration (NI) Act(2).

3.  The following provisions of the 1998 Act—

(a)section 9(1), (4) and (6);

(b)section 10(3) and (6);

(c)section 12(2), (3), (6) and (7);

(d)section 16(1) and paragraphs 1 to 4 and 6 of Schedule 5;

(e)section 21(3);

(f)section 22;

(g)section 23;

(h)section 25(3)(b) and (5)(c);

(i)section 26(6)(c)

(j)section 79(1), (2A) and (4) to (7)(4);

(k)section 84(5).

4.  The following provisions of the 1998 Order—

(a)Article 2(2)(6);

(b)Article 10(1), (4) and (6);

(c)Article 11(3) and (6);

(d)Article 13(2), (3), (6) and (7);

(e)Article 16(1) and paragraphs 1 to 4 and 6 of Schedule 4;

(f)Article 21(7);

(g)Article 22;

(h)Article 23;

(i)Article 25(3)(b) and (5)(c);

(j)Article 26(6)(c);

(k)Article 74(1) and (3) to (6)(8).

5.  Sections 132 and 133(1) and (2) of the Finance Act 1999.

6.  The following provisions of the Tax Credits Act 2002—

(a)section 50(1) and (2)(e) and (f);

(b)section 54(2);

(c)paragraphs 15 and 19 of Schedule 4.

Regulation 25

SCHEDULE 2DECISIONS AGAINST WHICH NO APPEAL LIES

PART 1DECISIONS MADE UNDER PRIMARY LEGISLATION

1.  A decision of the Board whether to recognise, for the purposes of Part 9 of the Contributions and Benefits Act or Part 10 of the Contributions and Benefits (NI) Act—

(a)an educational establishment; or

(b)education provided otherwise than at a recognised educational establishment.

2.  A decision of the Board whether to pay expenses to any person under—

(a)sections 180 and 180A of the Administration Act(9); or

(b)section 156 of the Administration (NI) Act(10).

3.  A decision of the Treasury relating to the up-rating of child benefit or guardian’s allowance under—

(a)Part 10 of the Administration Act; or

(b)Part 9 of the Administration (NI) Act

4.  A decision of the Board under—

(a)section 25 or 26; or

(b)Article 25 or 26.

PART 2DECISIONS MADE UNDER SECONDARY LEGISLATION

5.  A decision of the Board relating to—

(a)the suspension of child benefit or allowance under Part 4; or

(b)the payment of such a benefit or allowance which has been so suspended.

6.  A decision of the Board under any of the following provisions of the Administration Regulations—

(a)regulation 5 (decision as to making a claim for benefit or allowance);

(b)regulation 7 (decision as to evidence and information required);

(c)regulation 10 (decision as to defective applications);

(d)regulation 11 (decision as to claims for child benefit treated as claims for guardian’s allowance and vice versa);

(e)regulation 18 (decision as to the time of payments);

(f)regulation 19 (decision as to elections to have child benefit paid weekly);

(g)regulation 23 (decision as to information to be given);

(h)regulation 26 (decision as to extinguishment of right to payment if payment is not obtained within the prescribed period) other than a decision under paragraph (5) (decision as to payment request after expiration of prescribed period);

(i)regulation 28 (decision as to appointments where person unable to act);

(j)regulations 29 to 32 (decisions as to claims or payments after death of claimant);

(k)regulation 33 (decision as to paying a person on behalf of another);

(l)regulation 34 (decision as to paying partner as alternative payee);

(m)Part 5 other than a decision under—

(i)regulation 35(1) (decision as to whether a payment in excess of entitlement has been credited to a bank or other account);

(ii)regulation 37 (decision as to the sums to be deducted in calculating recoverable amounts);

(iii)regulation 38 (decision as to the offsetting of a prior payment of child benefit or guardian’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination);

(iv)regulation 39 (decision as to the offsetting of a prior payment of income support or jobseeker’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination);

(v)regulation 41(1) (decision as to bringing interim payments into account);

(vi)regulation 42(1) (decision as to the overpayment of an interim payment).

7.  A decision of the Board made in accordance with the discretion conferred upon them by the following regulations of the Child Benefit (General) Regulations 2003(11)—

(a)regulation 4(1) or (4) (provisions relating to contributions and expenses in respect of a child);

(b)regulation 24(1)(c) or 28(1)(c) (decisions relating to a child’s temporary absence abroad).

8.  A decision of the Board relating to the giving of a notice under regulation 8(2) of the Guardian’s Allowance (General) Regulations 2003 (children whose surviving parents are in prison or legal custody)(12).

9.  A decision of the Board made in accordance with an Order made under—

(a)section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom)(13); or

(b)section 155 of the Administration (NI) Act (reciprocal agreements with countries outside the United Kingdom)(14).

PART 3OTHER DECISIONS

10.  An authorization given by the Board in accordance with Article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71(15) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.