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

• (7) An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and shall be determined by a legally qualified panel member.

• (8) An application for an extension of time shall not be granted unless the panel member is satisfied that—

• (a) if the application is granted there are reasonable prospects that the application to set aside will be successful; and

• (b) it is in the interests of justice for the application for an extension of time to be granted.

• (9) For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that—

• (a) the special circumstances specified in paragraph (10) are relevant to that application; or

• (b) some other special circumstances exist which are wholly exceptional and relevant to that application,

and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).

• (10) For the purposes of paragraph (9)(a) the special circumstances are that—

• (a) the applicant or a partner or dependant of the applicant has died or suffered serious illness;

• (b) the applicant is not resident in the United Kingdom; or

• (c) normal postal services were disrupted.

• (11) In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.

• (12) An application under this regulation for an extension of time which has been refused may not be renewed.

APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)

Application for leave to appeal to a Commissioner from an appeal tribunal

58

• (1) Subject to paragraph (1A), an application for leave to appeal to a Commissioner from a decision of an appeal tribunal under section 13 of the 1997 Act or under section 12 or 13 shall—

• (a) be sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent a written statement of the reasons for the decision against which leave to appeal is sought; and

• (b) be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;

• (c) contain particulars of the grounds on which the applicant intends to rely;

• (d) contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and

• (e) if the application is made late, contain the grounds for seeking late acceptance.

• (1A) Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings—

• (a) the decision notice is corrected in accordance with regulation 56; or

• (b) an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.

• (2) Where an application for leave to appeal to a Commissioner is made by the Secretary of State or the Board, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.

• (5) Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) or (1A) but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

• (6) Where an application for leave to appeal against a decision of an appeal tribunal is made—

• (a) if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or

• (b) if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.

PART VI — REVOCATIONS

Revocations

59

• (1) The Regulations listed in column (2) of Schedule 4 are hereby revoked to the extent specified in column (3) of that Schedule.

• (2) Notwithstanding their revocation for particular purposes, the Regulations listed in column (2) of Schedule 4 shall continue to have full effect up to and including 28th November 1999 in relation to any benefit to which these Regulations do not apply for the time being by virtue of regulation 1(2).

• (3) So much of any document as refers expressly or by implication to any regulation revoked by paragraph (1) shall, in so far as the context permits, for the purposes of these Regulations be treated as referring to the corresponding provision of these Regulations.

SCHEDULE 1 — Provisions conferring powers exercised in making these Regulations

Column (1)	Column (1)	Column (2)
Provision	Provision	Relevant Amendments
Vaccine Damage Payments Act 1979	Section 4(2) and (3)	The Act, Section 46.
	Section 7A(1)	The Act, Section 47.
Child Support Act 1991	Section 16(6)	The Act, Section 40.
	Section 20(5) and (6)	The Act, Section 42.
	Section 28ZA(2)(b) and (4)(c)	The Act, Section 43.
	Section 28ZB(6)(c)	The Act, Section 43.
	Section 28ZC(7)	The Act, Section 44.
	Section 28ZD(1) and (2)	The Act, Section 44.
	Section 46B	The Act, Schedule 7, paragraph 44.
	Section 51(2)	The Act, Schedule 7, paragraph 46.
	Schedule 4A, paragraph 8	The Act, Schedule 7, paragraph 53.
Social Security Administration Act 1992	Section 5(1)(hh)	The Act, Section 74.
	Section 159	The Act, Schedule 7, paragraph 95.
	Section 159A	The Act, Schedule 7, paragraph 96.
Pension Schemes Act 1993	Section 170(3)	The Act, Schedule 7, paragraph 131.
Social Security (Recovery of Benefits) Act 1997	Section 10	The Act, Schedule 7, paragraph 149.
	Section 11(5)	Section 11(5)
Social Security Act 1998	Section 6(3)	Section 6(3)
	Section 7(6)	Section 7(6)
	Section 9(1), (4) and (6)	Section 9(1), (4) and (6)
	Section 10(3) and (6)	Section 10(3) and (6)
	Section 11(1)	Section 11(1)
	Section 12(2) and (3), (6) and (7)	Section 12(2) and (3), (6) and (7)
	Section 14(10)(a) and (11)	Section 14(10)(a) and (11)
	Section 16(1) and Schedule 5	Section 16(1) and Schedule 5
	Section 17	Section 17
	Section 18(1)	Section 18(1)
	Section 20	Section 20
	Section 21(1) to (3)	Section 21(1) to (3)
	Section 22	Section 22
	Section 23	Section 23
	Section 24	Section 24
	Section 25(3)(b) and (5)(c)	Section 25(3)(b) and (5)(c)
	Section 26(6)(c)	Section 26(6)(c)
	Section 28(1)	Section 28(1)
	Section 31(2)	Section 31(2)
	Section 79(1) and (3) to (7)	Section 79(1) and (3) to (7)
	Section 84	Section 84
	Schedule 1, paragraphs 7, 11 and 12	Schedule 1, paragraphs 7, 11 and 12
	Schedule 2, paragraph 9	Schedule 2, paragraph 9
	Schedule 3, paragraphs 1, 4 and 9	Schedule 3, paragraphs 1, 4 and 9

SCHEDULE 2 — Decisions against which no appeal lies

Child Benefit

1

A decision of the Secretary of State as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2

A decision of the Secretary of State to recognise education provided otherwise than at a recognised educational establishment.

3

A decision of the Secretary of State made in accordance with the discretion conferred upon him by the following provisions of the Child Benefit (Residence and Persons Abroad) Regulations 1976 —

• (a) regulation 2(2)(c)(iii) (decision relating to a child’s temporary absence abroad);

• (b) regulation 7(3) (certain days of absence abroad disregarded).

4

A decision of the Secretary of State made in accordance with the discretion conferred upon him by regulation 2(1) or (3) of the Child Benefit (General) Regulations 1976 (provisions relating to contributions and expenses in respect of a child).

Claims and Payments

5

A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations—

• (a) regulation 4(3) or (3B) (which partner should make a claim for income support or jobseeker’s allowance);

• (aa) regulation 4I (which partner should make a claim for an employment and support allowance);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) regulation 4D(7) (which partner should make a claim for state pension credit);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) regulation 7 (decision by the Secretary of State or the Board as to evidence and information required);

• (g) regulation 9 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);

• (h) regulation 11 (treating claim for maternity allowance as claim for incapacity benefit or employment and support allowance);

• (i) regulation 15(7) (approving form of particulars required for determination of retirement pension questions in advance of claim);

• (j) regulations 20 to 24 (decision by the Secretary of State or the Board as to the time or manner of payments);

• (k) regulation 25(1) (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);

• (l) regulation 26 (manner and time of payment of income support);

• (m) regulation 26A (time and intervals of payment of jobseeker’s allowance);

• (mm) regulation 26B (payment of state pension credit);

• (mn) regulation 26C (manner and time of payment of employment and support allowance);

• (n) regulation 27(1) and (1A) (decision by the Board as to manner and time of payment of tax credits);

• (o) regulation 30 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);

• (p) regulation 30A (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);

• (q) regulation 31 (time and manner of payments of industrial injuries gratuities);

• (r) regulation 32 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);

• (s) regulation 33 (appointments by the Secretary of State or the Board where person unable to act);

• (t) regulation 34 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);

• (u) regulation 17(1) (direct payments to qualifying lenders by Secretary of State where specified circumstances met) of the Loans for Mortgage Interest Regulations;

• (v) regulation 35(2) (payment to third person of maternity expenses or expenses for heating in cold weather);

• (w) regulation 36 (decision by the Secretary of State or the Board to pay partner as alternative payee);

• (x) regulation 38 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));

• (y) regulations 42 to 46 (mobility component of disability living allowance and disability living allowance for children);

• (z) regulation 47(2) and (3) (return of instruments of payment etc. to the Secretary of State or the Board).

Contracted Out Pension Schemes

6

A decision of the Secretary of State under section 109 of the Pension Schemes Act 1993 or any Order made under it (annual increase of guaranteed minimum pensions).

Decisions depending on other cases

7

A decision of the Secretary of State under section 25 or 26 (decisions and appeals depending on other cases).

Deductions

8

A decision which falls to be made by the Secretary of State under the Fines (Deductions from Income Support) Regulations 1992 , other than a decision whether benefit is sufficient for a deduction to be made .

9

• (1) Except in relation to a decision to which sub-paragraph (2) applies, any decision of the Secretary of State under the Community Charges (Deductions from Income Support) (No.2) Regulations 1990 , the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 or the Council Tax (Deductions from Income Support) Regulations 1993 .

• (2) This sub-paragraph applies to a decision—

• (a) whether there is an outstanding sum due of the amount sought to be deducted;

• (b) whether benefit is sufficient for a deduction to be made; and

• (c) on the priority to be given to any deduction.

European Community Regulations

10

An authorization given by the Secretary of State in accordance with article 22(1) or 55(1) of Council Regulation ( EEC ) No. 1408/71 , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

11

A decision of the Secretary of State whether to pay expenses to any person under section 180 of the Administration Act.

Guardian’s Allowance

12

A decision of the Secretary of State relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowance) Regulations 1975 (children whose surviving parents are in prison or legal custody).

Income Support

13

A decision of the Secretary of State ... made in accordance with paragraph (1) or (2) of regulation 13 (income support and social fund determinations on incomplete evidence).

Industrial Injuries Benefit

14

A decision of the Secretary of State relating to the question whether—

• (a) disablement pension be increased under section 104 of the Contributions and Benefits Act (constant attendance); or

• (b) disablement pension be further increased under section 105 of the Contributions and Benefits Act (exceptionally severe disablement);

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

15

A decision of the Secretary of State under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 as to the length of any period of interruption of education which is to be disregarded.

16

A decision of the Secretary of State to approve or not to approve a person undertaking work for the purposes of regulation 17 of the Social Security (General Benefit) Regulations 1982 .

17

A decision of the Secretary of State as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid Vehicle Scheme

18

A decision of the Secretary of State relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations 1991 .

Jobseeker’s Allowance

19

• (1) A decision of the Secretary of State under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at a job centre.

• (2) A decision of the Secretary of State as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

• (3) A decision of the Secretary of State ... made in accordance with regulation 15 (Jobseeker’s allowance determinations on incomplete evidence).

Payments on Account, Overpayments and Recovery

20

A decision of the Secretary of State under the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 , except a decision of the Secretary of State under the following provisions of those Regulations—

• (a) regulation 3(1)(a) to offset any interim payment made in anticipation of an award of benefit;

• (b) regulation 4(1) as to the overpayment of an interim payment;

• (c) regulation 5 as to the offsetting of a prior payment against a subsequent award;

• (d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

• (e) regulation 13 as to the sums to be deducted in calculating recoverable amounts;

• (f) regulation 14(1) as to the treatment of capital to be reduced;

• (g) regulation 19 determining a claimant’s protected earnings; and

• (h) regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

Persons Abroad

21

A decision of the Secretary of State made under—

• (a) regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations 1975 whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

• (b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Great Britain longer than that specified in the regulation.

Reciprocal Agreements

22

A decision of the Secretary of State made in accordance with an Order made under section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

Social Fund Awards

23

A decision of the Secretary of State under section 78 of the Administration Act relating to the recovery of social fund awards.

Suspension

24

A decision of the Secretary of State relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III.

Up-rating

25

A decision of the Secretary of State relating to the up-rating of benefits under Part X of the Administration Act.

SCHEDULE 3 — Qualifications of Persons Appointed to the Panel

Legal Qualifications

1

Persons who—

• (a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990 ); or

• (b) are advocates or solicitors in Scotland.

Medical Qualifications

2

... Registered medical practitioners, where—

• (a) the practitioner is a citizen of an EEA state and his name appears on a medical specialist register maintained in an EEA state in accordance with the Medical Directive, or he is a Swiss citizen with equivalent qualifications; or

• (b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

• (c) the practitioner does not satisfy the requirements of sub-paragraph (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical disability analyst in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

3

In paragraph 2 above and in this paragraph—

• “ EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

• “ EEA State” means a state which is a contracting party to the EEA Agreement;

• “Medical Directive” means Council Directive 93/16/ EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications , as amended by Council Directive97/50/ EC of 6th October 1997 , or any directive which replaces Directive 93/16/ EEC;

• “Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

Financial Qualifications

4

Accountants who are members of—

• (a) the Institute of Chartered Accountants in England and Wales;

• (b) the Institute of Chartered Accountants in Scotland;

• (c) the Institute of Chartered Accountants in Ireland;

• (cc) the Institute of Certified Public Accountants in Ireland;

• (d) the Association of Chartered Certified Accountants;

• (e) the Chartered Institute of Management Accountants; or

• (f) the Chartered Institute of Public Finance and Accountancy.

Disability Qualifications

5

Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—

• (a) in a professional or voluntary capacity; or

• (b) because they are themselves disabled.

SCHEDULE 4 — REVOCATIONS

Column 1	Column 2	Column 3
Statutory Instrument Number	Statutory Instrument	Provision Revoked
1979/432	The Vaccine Damage Payments Regulations 1979	Part III
1992/2641	The Child Support Appeal Tribunals (Procedure) Regulations 1992	The whole Regulations
1995/311	The Social Security (Incapacity for Work) (General) Regulations 1995	Regulations 19 and 20 to 22
1995/1801	The Social Security (Adjudication) Regulations 1995	The whole Regulations
1996/182	The Social Security (Adjudication) and Child Support Amendment Regulations 1996	Regulation 2
1996/425	The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996	Regulation 2
1996/1518	The Social Security (Adjudication) Amendment Regulations 1996	The whole Regulations
1996/2306	The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996	Regulations 8 and 9
1996/2450	The Social Security (Adjudication) and Child Support Amendment (No.2) Regulations 1996	Regulations 2 to 13
1996/2659	The Social Security (Adjudication) Amendment (No.2) Regulations 1996	The whole Regulations
1997/65	The Income-Related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997	Regulation 16
1997/793	The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997	Regulations 1(2)(a) and 8 to 17
1997/810	The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1997	Regulations 2, 3 and 4
1997/955	The Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997	In regulation 1(2), the definition of “the Adjudication Regulations” and regulations 2 to 6
1997/1839	The Social Security (Attendance Allowance and Disability Living Allowance) (Miscel laneous Amendments) Regulations 1997	In regulation 1(2) the definition of “the Adjudication Regulations” and regulation 4
1997/2237	The Social Security (Recovery of Benefits) (Appeals) Regulations 1997	The whole Regulations
1997/2305	The Social Security (Miscellaneous Amendments) (No.4) Regulations 1997	Regulation 4

Signed

Signed by authority of the Secretary of State for Social Security.

Angela Eagle — Parliamentary Under-Secretary of State, — Department of Social Security — 1999-03-26

I concur

Irvine of Lairg — Lord Chancellor — 1999-03-26

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1998 c. 14.

[^f00002]: See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).

[^f00003]: 1992 c. 53.

[^f00004]: 1993 c. 48; section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998.

[^f00005]: 1997 c. 27.

[^f00006]: S.I. 1987/1968.

[^f00007]: 1993 c. 48.

[^f00008]: S.I. 1987/1967.

[^f00009]: S.I. 1996/207.

[^f00010]: Section 11(2) is amended by paragraph 150(2) of Schedule 7 to the Social Security Act 1998.

[^f00011]: Schedule 4C of the Child Support Act 1991 is inserted by paragraph 54 of Schedule 7 to the Social Security Act 1998.

[^f00012]: Section 28D was inserted by section 4 of the Child Support Act 1995 (c. 34).

[^f00013]: See in particular paragraphs 8 and 9 of Schedule 4 to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

[^f00014]: 1993 c. 48; section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998.

[^f00015]: Regulation 66A was inserted by S.I. 1990/1549; relevant amending instruments are S.I. 1991/236, S.I. 1991/1559 and S.I. 1996/462.

[^f00016]: Regulation 26A was inserted by the Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996.

[^f00017]: Section 30B was inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00018]: S.I. 1995/311; relevant amending instruments are S.I. 1995/987, S.I. 1996/3207 and S.I. 1997/1009.

[^f00019]: Schedule 9A was inserted by S.I. 1992/1026.

[^f00020]: S.I. 1996/2567.

[^f00021]: Section 10 was amended by paragraph 149 of Schedule 7 to the Social Security Act 1998.

[^f00022]: Section 11 was amended by paragraph 150 of Schedule 7 to the Social Security Act 1998.

[^f00023]: Schedule 3A was inserted by S.I. 1988/1445; Schedule 3B was inserted by S.I. 1989/534.

[^f00024]: S.I. 1987/1969.

[^f00025]: Section 159A was inserted by section 24 of the Jobseekers Act 1995 (c. 18).

[^f00026]: Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c. 18).

[^f00027]: Schedule 1B was inserted by S.I. 1996/206.

[^f00028]: S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1992/247 and 1994/2975.

[^f00029]: S.I. 1995/311.

[^f00030]: Section 28ZA was inserted by section 43 of the Social Security Act 1998.

[^f00031]: Section 28ZB was inserted by section 43 of the Social Security Act 1998.

[^f00032]: 1993 c. 48.

[^f00033]: The relevant amending instruments are S.I. 1989/136, S.I. 1994/2943 and S.I. 1996/1460.

[^f00034]: Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c. 18).

[^f00035]: Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

[^f00036]: Section 46(11) is amended by paragraph 43 of Schedule 7 to the Social Security Act 1998.

[^f00037]: Section 20 of the Child Support Act 1991 as extended by Schedule 4C to that Act applies to an appeal against a departure direction by virtue of section 28H of the Act as substituted by paragraph 39 of Schedule 7 to the Social Security Act 1998.

[^f00038]: 1979 c. 17.

[^f00039]: 1991 c. 48.

[^f00040]: 1992 c. 5.

[^f00041]: 1993 c. 48.

[^f00042]: 1997 c. 27.

[^f00043]: 1998 c. 14.

[^f00044]: S.I. 1976/963; the relevant amending instrument is S.I. 1976/1758.

[^f00045]: S.I. 1976/965; the relevant amending instrument is S.I. 1976/1758.

[^f00046]: Regulation 37AB was inserted by S.I. 1994/2319.

[^f00047]: Paragraph (4A) was inserted by S.I. 1991/2284 and amended by S.I. 1992/2595.

[^f00048]: Paragraph 7A was inserted by S.I. 1993/478, substituted by S.I. 1993/2113 and then amended by S.I. 1996/481.

[^f00049]: Paragraph 7B was inserted by S.I. 1996/2344.

[^f00050]: 1993 c. 48.

[^f00051]: S.I. 1992/2182.

[^f00052]: S.I. 1990/545.

[^f00053]: S.I. 1989/507.

[^f00054]: S.I. 1993/494.

[^f00055]: See Council Regulation (EEC) No. 1408/71, O.J. No. L149/2, 5.7.71 (O.J./S.E. 1971(II) page 416).

[^f00056]: S.I. 1975/515.

[^f00057]: S.I. 1986/1561.

[^f00058]: S.I. 1982/1408; the relevant amending instruments are S.I. 1983/186 and S.I. 1986/1561.

[^f00059]: S.I. 1991/2890.

[^f00060]: S.I. 1988/664; the relevant amending instruments are S.I. 1988/668, 1991/2742, 1993/650 and 1996/1345.

[^f00061]: S.I. 1975/563; the relevant amending instruments are S.I. 1976/409, 1977/342 and 1679, 1979/463 and 1432, 1981/1157, 1982/388 and 1738, 1983/186, 1984/1303, 1986/1545 and 1561, 1988/435, 1989/1642, 1990/40 and 621, 1991/2742, 1992/1700 and 2595, 1994/268 and 1832, 1995/829 and 1996/207 and 1345.

[^f00062]: 1990 c. 41.

[^f00063]: Cm. 2183 and OJ No.L1, 3.1. 1994, p.572.

[^f00064]: OJ. No. L165, 7.7. 1993 page 1.

[^f00065]: OJ. No. L921, 24.10. 1997, page 35.

Citation, commencement, application and interpretation

Consideration of revision before appeal

3ZA

• (1) This regulation applies in a case where—

• (a) the Secretary of State gives a person written notice of a decision under section 8 or 10 of the Act (whether as originally made or as revised under section 9 of that Act); and

• (b) that notice includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 12(2) of the Act in relation to the decision only if the Secretary of State has considered on an application whether to revise the decision under section 9 of the Act.

• (3) The notice referred to in paragraph (1) must inform the person—

• (a) of the time limit specified in regulation 3(1) or (3) for making an application for a revision; and

• (b) that, where the notice does not include a statement of the reasons for the decision (“written reasons”), he may, within one month of the date of notification of the decision, request that the Secretary of State provide him with written reasons.

• (4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

• (5) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 9 of the Act.

Revision of child support decisions

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—

• (a) if the Secretary of State receives an application for the revision of a decision either—

• (i) under section 16; or

• (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;

• (b) if—

• (i) the Secretary of State notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

• (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 the Secretary of State 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;

• (cc) if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed by Tribunal Procedure Rules but the appeal has not been determined;

• (d) if the Secretary of State commences action leading to the revision of the decision within one month of the date of notification of the decision; or

• (e) if the decision arose from an official error; or

• (f) 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.

• (2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—

• (a) occurred since the date on which the decision had effect; or

• (b) according to information or evidence which the Secretary of State has, is expected to occur.

• (3) In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the Secretary of State under section 11 or 12 of the Child Support Act, or a determination of the First-tier 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.

• (4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.

• (5) Where the Secretary of State revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.

• (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 the First-tier Tribunal (“decision C”); and

• (c) the Secretary of State would have made decision B differently if ... aware of decision C at the time of making decision B,

decision B may be revised at any time.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State not to make a maintenance calculation, as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.

• (9) Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the Secretary of State makes a decision under section 12 of the Child Support Act.

Consideration of revision before appeal in relation to certain child support decisions

3B

• (1) This regulation applies in a case where—

• (a) the Secretary of State gives a person written notice of a decision; and

• (b) that notice includes a statement to the effect that there is a right of appeal against the decision only if the Secretary of State has considered an application for a revision of the decision.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000) against the decision only if the Secretary of State has considered on an application whether to revise the decision under section 16 of that Act.

• (3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 3A(1)(a) for making an application for a revision.

• (4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 16 of that Act.

• (5) In this regulation “decision” means a decision mentioned in section 20(1)(a) or (b) of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000).

Late application for a revision

Date from which a decision revised under section 9 takes effect

Date from which a decision revised under section 16 of the Child Support Act takes effect

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supersession of child support decisions

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—

• (a) there has been a relevant change of circumstances since the decision had effect; or

• (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—

• (a) an application is made on the basis that—

• (i) there has been a change of circumstances since the date from which the decision had effect; or

• (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—

• (a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

• (b) the Secretary of State is satisfied that the fact is or would be material.

• (4A) A decision may be superseded by a decision made by the Secretary of State—

• (a) where an application is made on the basis that; or

• (b) acting on his own initiative where,

the decision to be superseded is a decision of an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner that was made in accordance with section 28ZB(4)(b) of the Child Support Act, in a case where section 28ZB(5) of that Act applies.

• (5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—

• (a) acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or

• (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.

• (7) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

• (8) Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.

• (9) For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation 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, whether as originally made or as revised under section 16 of that Act.

Circumstances in which a child support decision may not be superseded

6B

• (1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the Secretary of State, an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner, on an application made under regulation 6A(2)(a), shall not be superseded where the difference between—

• (a) 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; and

• (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).

• (2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation 6A(2)(a) but for the application of this regulation.

• (3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.

• (4) This regulation shall not apply to a decision under regulation 6A(2)(a) where—

• (a) the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ...

• (e) the superseding decision takes effect from the dates prescribed in regulation paragraph 4 of Schedule 3D; or

• (f) a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.

• (5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the Secretary of State may make a superseding decision on the basis that application A was made at the same time as application B.

Date from which a decision superseded under section 10 takes effect

Definitions for the purposes of Chapters I and II

7A

• (1) For the purposes of regulations 3(5)(c), 6(2)(g), 6(2)(r), 7(2)(c) and (5)–

• “disability benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a disability determination,

• “disability determination” means–in the case of a decision as to an award of an attendance allowance or a disability living allowance, whether the person satisfies any of the conditions in section 64, 72(1) or 73(1) to (3), as the case may be, of the Contributions and Benefits Act,in the case of a decision as to an award of severe disablement allowance, whether the person is disabled for the purpose of section 68 of the Contributions and Benefits Act, orin the case of a decision as to an award of industrial injuries benefit, whether the existence or extent of any disablement is sufficient for the purposes of section 103 or 108 of the Contributions and Benefits Act or for the benefit to be paid at the rate which was in payment immediately prior to that decision;

• “employment and support allowance decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person has or is to be treated as having limited capability for work under Part 1 of the Welfare Reform Act ;

• “incapacity benefit decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person is or is to be treated as incapable of work under Part XIIA of the Contributions and Benefits Act, or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995

• “incapacity determination” means a determination whether a person is incapable of work by applying the personal capability assessment in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 or whether a person is to be treated as incapable of work in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations, and

• “limited capability for work determination” means a determination whether a person has limited capability for work by applying the test of limited capability for work or whether a person is to be treated as having limited capability for work in accordance with regulation 20 of the Employment and Support Allowance Regulations ;

• “payee” means a person to whom a benefit referred to in paragraph (a), (b) or (c) of the definition of “disability determination”, or a benefit referred to in the definition of “incapacity benefit decision” or “employment and support allowance decision” is payable.

• (2) Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his being entitled to any other benefit, allowance or advantage (“a second benefit”) and a decision is revised under regulation 3(5)(c) or a superseding decision is made under regulation 6(2) to which regulation 7(2)(c)(ii) applies, the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment immediately prior to that revision or supersession, a consequent decision as to his entitlement to the second benefit shall take effect from the date of the change in his entitlement to the first benefit.

Effective date of a supersession decision Date from which a decision superseded under section 17 of the Child Support Act takes effect

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").

• (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.

• (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—

• (a) the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

• (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—

• (a) the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

• (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.

• (5) Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.

• (6) Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.

• (7) Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

• (8) For the purposes of paragraph (7)—

• (a) where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;

• (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—

• (a) a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

• (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 First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.

• (10) 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 of that Act shall take effect from the date of the relevant determination.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.

• (17A) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

• (17B) Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from—

• (a) subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following—

• (i) where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or

• (ii) where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;

• (b) the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.

• (17C) For the purposes of paragraph (17B)—

• (a) in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations ;

• (b) in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations , in respect of an application for a maintenance calculation.

• (18) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

• (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (20) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.

• (21) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

• (a) an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act ... in respect of a non-resident parent; and

• (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.

• (22) Where a superseding decision is made in a case to which regulation 6A(3) applies 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 shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.

• (22A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the First-tier Tribunal or the Upper Tribunal’s decision 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) of the Child Support Act.

• (23) In this regulation—

• “benefit week" in relation to income support has the same meaning as in regulation 2(1) of the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;

• “partner" has the same meaning as in regulation 2 of the Income Support Regulations; and

• “relevant benefit" means a benefit which is prescribed in regulation 4 of the Maintenance Calculations and Special Cases Regulations for the purposes of paragraph 4(1)(b) of Part I of Schedule 1 to the Child Support Act, and child benefit as referred to in paragraph 10C(2)(a) of Part I of Schedule 1 to that Act.

Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative

7C

Where the Secretary of State on the Secretary of State’s own initiative proposes to make a decision superseding a decision the Secretary of State shall notify the relevant persons who could be materially affected by the decision of that intention.

Effective date for late notifications of change of circumstances

Review of certificates

9ZA

• (1) A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

• (a) a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

• (b) the lump sum payment recovered from a compensator who makes a compensation payment (as defined in section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

• (c) incorrect or insufficient information was supplied to the Secretary of State by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

• (d) a ground for appeal is satisfied under section 11 of the 1997 Act or an appeal has been made under that section; or

• (e) a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

• (2) In this regulation and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, 29 and 33, where applicable—

• (a) any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

• (b) “ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

• (c) “lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

• (d) “ P ” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations.

Consideration of review before appeal

9ZB

• (1) This regulation applies in a case where—

• (a) the Secretary of State has issued a certificate of recoverable benefits or certificate of recoverable lump sum payments; and

• (b) that certificate is accompanied by a notice to the effect that there is a right of appeal in relation to the certificate only if the Secretary of State has considered an application for review of the certificate.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 11 of the 1997 Act against the certificate only if the Secretary of State has considered an application for review of the certificate under section 10 of that Act.

Correction of accidental errors

9A

• (1) Accidental errors in a decision of the Secretary of State or an officer of the Board under a relevant enactment within the meaning of section 28(3), or in any record of such a decision, may be corrected by the Secretary of State or an officer of the Board, as the case may be, at any time.

• (2) A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and the Secretary of State or an officer of the Board shall give a written notice of the correction as soon as practicable to the claimant.

• (3) In calculating the time within which an application can be made under regulation 3(1)(b) for a decision to be revised ... there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the record thereof under paragraph (2).

Effect of determination as to capacity or capability for work

Secretary of State to determine certain matters

Issues for decision by officers of Inland Revenue

11A

• (1) Where, on consideration of any claim or other matter, it appears to the Secretary of State that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, he shall refer that issue to the Board.

• (2) Where—

• (a) the Secretary of State has decided any claim or other matter on an assumption of facts—

• (i) as to which there appeared to him to be no dispute, but

• (ii) concerning which, had an issue arisen, that issue would have fallen, by virtue of section 8 of the Transfer Act, to be decided by an officer of the Board; and

• (b) an application for revision or an application for supersession or an appeal is made in relation to the decision of that claim or other matter; and

• (c) it appears to the Secretary of State on receipt of the application or appeal that such an issue arises,

he shall refer that issue to the Board.

• (3) Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State may—

• (a) determine any other issue arising on consideration of the claim or other matter or, as the case may be, of the application,

• (b) seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

• (c) defer making any decision on the claim or other matter or, as the case may be, the application.

• (4) On receipt by the Secretary of State of the final decision of an issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State shall—

• (a) in a case to which paragraph (3)(b) above applies—

• (i) consider whether the decision ought to be revised under section 9 or superseded under section 10, and

• (ii) if so, revise it, or, as the case may be, make a further decision which supersedes it; or

• (b) in a case to which paragraph (3)(a) or (c) above applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision of the issue so referred.

• (5) In paragraphs (3) and (4) above “final decision" means the decision of an officer of the Board under section 8 of the Transfer Act or the determination of any appeal in relation to that decision.

Decision of the Secretary of State relating to industrial injuries benefit

Recrudescence of a prescribed disease

12A

• (1) This regulation applies to a decision made under sections 108 to 110 of the Contributions and Benefits Act where a disease is subsequently treated as a recrudescence under regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985.

• (2) Where this regulation applies Chapter II of Part I of the Act shall apply as if section 8(2) did not apply.

Income support and social fund determinations on incomplete evidence

Retirement pension after period of deferment

13A

• (1) This regulation applies where—

• (a) a person claims a Category A or Category B retirement pension, shared additional pension or, as the case may be, graduated retirement benefit;

• (b) an election is required by, as the case may be—

• (i) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

• (ii) paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or, as the case may be,

• (iii) paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums); and

• (c) no election is made when the claim is made.

• (2) In the circumstances specified in paragraph (1) the Secretary of State may decide the claim before any election is made, or is treated as made, for an increase or lump sum.

• (3) When an election is made, or is treated as made, the Secretary of State shall revise the decision which he made in pursuance of paragraph (2).

Effect of alteration in the component rates of income support and jobseeker’s allowance

Termination of award of income support, jobseeker’s allowance or employment and support allowance

14A

• (1) This regulation applies in a case where an award of income support, a jobseeker’s allowance or an employment and support allowance (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for an employment and support allowance, a jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.

• (2) In a case to which this regulation applies, if a claim for the alternative benefit is made the Secretary of State may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.

• (3) Where, under paragraph (2), the Secretary of State brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which an award of the alternative benefit takes effect.

• (4) Where an award of a jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.

• (5) Where an award of an employment and support allowance is made in accordance with the provisions of this regulation, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days) shall not apply.

Jobseeker’s allowance determinations on incomplete evidence

Provision of information

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, the Secretary of State 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 the Secretary of State 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, the Secretary of State—

• (a) shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);

• (b) may invite representations, which need not be in writing but shall be in writing if in any case the Secretary of State 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—

• (a) details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11 of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the Secretary of State is satisfied that disclosure is not necessary in order to be able to determine the application;

• (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—

• (a) satisfied on the information or evidence available that a variation of the maintenance calculation in force will not be agreed, but if, on further consideration the Secretary of State is minded to do so the Secretary of State shall, before doing so, comply with the provisions of this regulation; and

• (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 the Secretary of State—

• (a) may, if the Secretary of State considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments to be provided within 14 days or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and

• (b) where the Secretary of State acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until the Secretary of State 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, the Secretary of State may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.

• (6) In considering an application for a revision or supersession the Secretary of State shall take into account any representations received at the date upon which the Secretary of State makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).

• (7) Where any information or evidence requested by the Secretary of State under regulation 15A is received after notification has been given under paragraph (1), the Secretary of State may, if the Secretary of State considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the Secretary of State so directs in any particular case, on that information or evidence.

• (8) Where the Secretary of State is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, the Secretary of State shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.

• (9) In this regulation “relevant person" means—

• (a) a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;

• (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

15C

• (1) Subject to paragraphs (2) and (5) to (11), a notification of a decision made following 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, shall set out, in relation to the decision in question—

• (a) the effective date of the maintenance calculation;

• (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.