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Statutory Instrument 2000 No. 3185The Child Support (Decisions and Appeals) (Amendment) Regulations 2000(The document as of February, 2008) STATUTORY INSTRUMENTS2000 No. 3185FAMILY LAWThe Child Support (Decisions and Appeals) (Amendment) Regulations 2000
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 16(1), (4) and (6), 17(3) and (5), 28G(2), 51 and 52(1) and (4) of the Child Support Act 1991[1] and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992[2], hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 and, subject to paragraph (2), shall come into force in relation to a particular case on the date on which sections 16, 17 and 20 of the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000[3] come into force in relation to that type of case. (2) For the purposes of any revision, supersession or appeal in relation to a decision which is made as provided in regulation 3 of the Child Support (Transitional Provisions) Regulations 2000[4] these Regulations shall come into force on the day on which section 29 of the Child Support, Pensions and Social Security Act 2000 comes fully into force. (3) In these Regulations "the principal Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations 1999[5]. (4) In these Regulations any reference to a numbered regulation is to the regulation in the principal Regulations bearing that number and any reference to a numbered Part is to the Part of the principal Regulations bearing that number. Amendment of regulation 1 2.In regulation 1(3) (citation, commencement and interpretation) -
(d) in the definition of "referral" for the words "departure direction " there shall be substituted the word "variation"; (e) after the definition of "referral" there shall be inserted the following definition -
(b) a non-resident parent; (c) a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations; (d) a child, where the application for a maintenance calculation is made by that child under section 7 of the Child Support Act, in respect of whom a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of that Act, or is or has been in force;"; and
Amendment of regulation 2
3A. - (1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the Secretary of State -
(ii) by way of an application under section 28G, of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;
(ii) that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made; (c) if he is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error; (2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which -
(b) according to information or evidence which the Secretary of State has, is expected to occur. (3) Subject to paragraph (7), in paragraphs (1) and (2) and in regulation 4(3) "decision" means a decision of the Secretary of State under sections 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.
(b) that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments, as it applies in relation to any decision of the Secretary of State under sections 11, 12, 17 or 46 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act. Amendment of regulation 4
(b) in paragraph (2) after the words "shall be made by" there shall be inserted the words "the relevant person,"; (c) in paragraph (4)(c) after the words "in regulation 3" there shall be inserted the words "or 3A"; (d) in paragraph (5) after the words "in regulation 3(1) and (3)" there shall be added the words "and regulation 3A(1)(a)"; and (e) in paragraph (6)(b) after the words "a Commissioner" there shall be inserted the words ", a Child Support Commissioner". Insertion of regulation 5A
5A. - (1) Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Child Support Act, the revision shall take effect from the date on which the decision revised would have taken effect had the error not been made. (2) Where the Secretary of State considers it appropriate to revise a decision under section 12(1) of the Child Support Act as if he were revising a decision under section 11 of that Act, the revision shall take effect from the first day of the maintenance period in which the information required to make a maintenance calculation was provided, except where -
(ii) the failure to provide the information was not his fault; or (b) the decision which is treated as being made under section 11 of the Child Support Act is at a higher rate than the rate of liability which had been imposed by the decision made under section 12(1) of that Act.". Insertion of regulations 6A and 6B
6A. - (1) Subject to paragraphs (7) and (8), the cases and circumstances in which a decision ("a superseding decision") may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6). (2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where -
(b) the decision was made in ignorance of, or was based upon a mistake as to, some material fact. (3) Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where -
(ii) it is expected that a change of circumstances will occur; and (b) the Secretary of State is satisfied that the change of circumstances is or would be relevant. (4) A decision may be superseded by a decision made by the Secretary of State where -
(b) the Secretary of State is satisfied that the fact is or would be material. (5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State -
(b) where an application is made on the basis that the decision was erroneous in point of law. (6) A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.
(b) the non-resident parent's net income figure which would be fixed in accordance with a superseding decision, is less than 5% of the figure in sub-paragraph (a).
(b) the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act; (c) the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act; (d) the decision being superseded was a decision that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments or was a decision under section 17 of the Child Support Act superseding that decision, whether as originally made or as revised under section 16 of that Act; or (e) the superseding decision takes effect from the dates prescribed in regulation 7B(1) to (3), (19) or (20).". Insertion of regulations 7B and 7C
7B. - (1) Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act ("the officer"). (2) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which -
(b) entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification. (3) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which -
(b) entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification. (4) Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.
(b) notification includes oral and written notification; (c) where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and (d) the date of written notification is the date on which it was given or sent to the person. (9) Where -
(b) the Secretary 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 shall take effect from the date on which the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner took, or was to take, effect.
(b) where the decision is suspended immediately before it ceases to be in force, from the date on which the parent concerned falls within the provisions of section 46(1) of that Act. (12) Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(b) of the Maintenance Calculation Procedure Regulations, the superseding decision shall have effect -
(b) where the decision is suspended immediately before it ceases to be in force, from the date on which the parent concerned complied with the obligations imposed by section 46(6)(b) of the Child Support Act. (13) Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(c) of the Maintenance Calculation Procedure Regulations, the superseding decision shall have effect from the last day of the benefit week in which entitlement to benefit ceased.
(b) where the decision is suspended immediately before it ceases to be in force, from the date on which the Secretary of State is supplied with information that enables him to make the calculation. (15) Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 17(1) of the Maintenance Calculation Procedure Regulations (reduced benefit decisions where there is an additional qualifying child), the superseding decision shall have effect from -
(b) the first day on which the further decision would come into operation but for the provisions of regulation 14 of the Maintenance Calculation Procedure Regulations (suspension of a reduced benefit decision when a modified applicable amount is payable (income support)) or 15 (suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker's allowance)) of those Regulations. (16) Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 18(2) of the Maintenance Calculation Procedure Regulations (suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care), the superseding decision shall have effect from the last day of the benefit week which includes the day on which the child ceases to be a child within the meaning of section 55 of the Child Support Act as supplemented by Schedule 1 to those Regulations, or the parent ceases to be the person with care.
(b) the Secretary of State is satisfied that the applicant has ceased to fall within section 6(1) of that Act, the decision shall take effect from the first day of the maintenance period after the applicant asks the Secretary of State to cease acting.
(b) before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child, the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.
Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative Insertion of regulations 15A, 15B, 15C and 15D
15A. - (1) Where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, he may request further information or evidence from the applicant to enable a decision on that application to be made and any such information or evidence shall be provided within one month of the date of notification of the request, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case. (2) Where any information or evidence requested in accordance with paragraph (1) is not provided within the time limit specified in that paragraph, the Secretary of State may, where he is able to do so, proceed to make the decision in the absence of that information or evidence. Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation 15B. - (1) Subject to paragraph (3), where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, he -
(b) may invite representations, which need not be in writing but shall be in writing if in any case he so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the Secretary of State within 14 days of notification or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and (c) shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations. (2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is -
(b) medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the Secretary of State considers would be harmful to the health of the applicant or that relevant person if disclosed to him; (c) the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the Secretary of State considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed. (3) The Secretary of State need not act in accordance with paragraph (1) if -
(b) were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded. (4) Where the Secretary of State receives representations from the relevant persons he -
(b) where the Secretary of State acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until he has received such comments or the period referred to in sub-paragraph (a) has expired. (5) Where the Secretary of State has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, he may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.
(b) a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed. Notification of a decision made under section 16 or 17 of the Child Support Act
(b) where relevant, the non-resident parent's net weekly income; (c) the number of qualifying children; (d) the number of relevant other children; (e) the weekly rate; (f) the amounts calculated in accordance with Part I of Schedule 1 to the Child Support Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Variations Regulations; (g) where the weekly rate is adjusted by apportionment or shared care or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Child Support Act; and (h) where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority) or 11 (non-resident parent liable to pay maintenance under a maintenance order) of those Regulations, the adjustment calculated in accordance with that regulation. (2) A notification of a revision or supersession of a maintenance calculation made under section 12(1) of the Child Support Act shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based and whether any apportionment has been applied under regulation 7 of the Maintenance Calculation Procedure Regulations (default rate) and shall state the nature of the information required to enable a decision under section 11 of that Act to be made by way of section 16 of that Act.
(b) any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified. (4) Where a decision as to the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, is made under section 16 or 17 of that Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of that Act.
(b) where a decision has been superseded in a case where a child under section 7 of the Child Support Act ceases to be a child for the purposes of that Act, he shall immediately notify the persons in sub-paragraph (a) and the other qualifying children within the meaning of section 7 of that Act; and (c) any notice under sub-paragraphs (a) and (b) shall specify the date with effect from which that decision took effect. (6) Where the Secretary of State, under the provisions of section 16 or 17 of the Child Support Act, has made a decision that an adjustment shall cease, or adjusted the amount payable under a maintenance calculation, he shall immediately notify the relevant persons, so far as that is reasonably practicable, that the adjustment has ceased or of the amount and period of the adjustment, and the amount payable during the period of the adjustment.
(b) the non-resident parent's net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; (c) the non-resident parent's net income figure provided by that parent to the Secretary of State with the application for supersession under regulation 6A(3); (d) the decision of the Secretary of State not to supersede; and (e) the right to appeal against the decision under section 20 of the Child Support Act. (12) Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the Secretary of State shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.
(b) he may adjust the amount payable under that fresh maintenance calculation, as he sees fit, having regard to the matters specified in regulation 10(1)(b)(i) to (iii) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations.". Amendment of regulation 30
(b) in paragraph (1) -
(ii) after the words "and the decision as" there shall be inserted the words "replaced or"; and (iii) after the words "before it was" there shall be inserted the words " replaced or"; (c) in paragraph (3) -
(ii) after the words "before it was" there shall be inserted the words " replaced or"; and (iii) after the words "against the decision as" there shall be inserted the words "replaced or"; (d) in paragraph (4) after the words "notification of the decision as" there shall be inserted the words "replaced or"; and Insertion of regulation 30A
30A.Section 20 of the Child Support Act shall apply to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, or a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.". Substitution of regulation 45
45. - (1) On a referral under section 28D(1)(b) of the Child Support Act an appeal tribunal may -
(b) consider two or more applications for a variation with respect to the same maintenance calculation together. (2) In this regulation "maintenance calculation" means a decision under section 11 or 17 of the Child Support Act, as calculated in accordance with Part I of Schedule 1 to that Act, whether as originally made or as revised under section 16 of that Act.". Revocation and savings
(b) the time limit for lodging an appeal has not expired; (c) the time limit for making an application for the revision of a decision has not expired; or (d) an application for a supersession of a decision has not been decided, the provisions in regulations 10(2) and (3) and 11 to 17 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations shall continue to apply for the purposes of -
(ii) the ability to lodge the appeal referred to in sub-paragraph (b) and the decision of the appeal tribunal following the lodging of that appeal; (iii) the ability to apply for the revision referred to in sub-paragraph (c) and the decision whether to revise following any such application; or (iv) the decision whether to supersede following the application referred to in sub-paragraph (d). (3) Where on or after the commencement date an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.
15. - (1) Where -
(ii) the Secretary of State had initiated but not completed a revision or supersession of a decision in respect of a departure direction; or (iii) any appeal was lodged in respect of a departure direction decision which, on the commencement date, had not been decided; or (b) on the commencement date any time limit provided for in Regulations for making an application for a departure direction, or revision or, for making an appeal in respect of a departure direction decision, had not expired, regulation 13 shall not apply for the purposes of any appeal -
(bb) made in consequence of the revision or supersession referred to in paragraph (1)(a)(ii); (cc) referred to in paragraph (1)(a)(iii); or (dd) made within the time limit referred to in paragraph (1)(b) or made in consequence of a decision made on an application for a departure direction or revision made within the time limit referred to in that paragraph. (2) In this regulation "commencement date" has the same meaning as in regulation 14. (This note is not part of the Regulations) These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) ("the principal Regulations "). The Regulations provide for the decision-making process under the Child Support Act 1991 (c. 48) ("the Child Support Act") for child support and related matters, consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). These Regulations come into force at different times for different cases according to the dates on which provisions of the Child Support, Pensions and Social Security Act 2000 which are relevant to these Regulations are commenced for different types of cases. Regulation 1 contains provisions relating to citation, commencement and interpretation. Regulation 2 inserts definitions into the principal Regulations for the purposes of the amendments made by these Regulations. Regulation 3 amends regulation 2 of the principal Regulations to provide for notices served under the Child Support Act. Regulation 4 makes a consequential amendment to the principal Regulations. Regulations 5 and 7 insert regulations into the principal Regulations providing for the revision of child support decisions and when such decisions take effect. Regulation 6 amends regulation 4 of the principal Regulations. Regulations 8 and 9 insert regulations into the principal Regulations providing for the supersession of child support decisions, when such decisions take effect and related procedural rules. Regulation 10 inserts regulations into the principal Regulations which enable the Secretary of State to request further information or evidence and invite representations where he has to make a decision which is connected to a previously determined variation and make provision in respect of notification following decisions made by him. Regulation 11 amends regulation 30 of the principal Regulations. Regulation 12 extends appeal rights to decisions adjusting amounts payable under maintenance calculations. Regulation 13 substitutes a regulation in the principal Regulations providing for the procedure where the Secretary of State has referred an application for a variation to an appeal tribunal under section 28D(1)(b) of the Child Support Act. Regulation 14 provides for the revocation and savings of regulations 10(2) and (3) and 11 to 17 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816). Regulation 15 provides for the saving of regulation 45 of the principal Regulations. The impact on business of these Regulations was covered in the Regulatory Impact Assessment (RIA) for the Child Support, Pensions and Social Security Act 2000, in accordance with, and in consequence of which, these Regulations are made. A copy of that RIA has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, Adelphi, 1-11 John Adam Street, London WC2N 6HT. Notes: [1] 1991 c. 48. Section 28G was substituted by section 7 of the Child Support, Pensions and Social Security Act 2000 (c. 19). Sections 16, 17 and 51 were amended by sections 8 and 9 of, and paragraph 11(19) of Schedule 3 to, that Act.back [2] 1992 c. 53.back [3] 2000 c. 19.back [4] S.I. 2000/3186.back [5] S.I. 1999/991. The relevant amending instrument is S.I. 2000/1596.back [6] S.I. 1992/1816. The relevant amending instruments are S.I. 1995/1045 and S.I. 1999/1501.back [7] S.I. 2000/ .back [8] S.I. 2000/ .back [9] S.I. 1999/1670. This definition was added to the principal Regulations by regulation 2(2).back [10] S.I. 2000/ .back [11] Regulation 7A was inserted by S.I. 1999/1623 and the relevant amending instrument is S.I. 2000/1956.back [12] Section 28ZC was inserted by section 44 of the Social Security Act 1998 (c. 14).back ISBN 0 11 018881 0 -- Back --
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