The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Grounds for revision N.I.

14.—(1) A decision to which Article 18(1A)(1) applies may be revised by the Department—

[F1 (a) if the Department receives an application for the revision of a decision under either Article 18 or Article 28G of the Child Support Order—

(i) within 30 days after the date of notification of the decision;

(ii) within 30 days after the date on which notice of the correction is given under regulation 27A(3) (correction of accidental errors); or

(iii) within such longer time as may be allowed under regulation 15;]

(b) if the Department is satisfied that the decision was wrong due to a misrepresentation of, or failure to disclose, a material fact and that decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for the wrongness of the decision;

(c) if an appeal is made under Article 22(2) against a decision within the time limit prescribed by the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(3) but that appeal has not been determined;

(d) if the Department commences action leading to the revision of the decision within 30 days after the date of notification of the decision;

(e) if the decision arose from official error;

(f) if the information held by HMRC in relation to a tax year in respect of which the Department has determined historic income for the purposes of regulation 34 or unearned income for the purposes of regulation 68 has since been amended; or

(g) if the ground for revision is 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) A decision may not be revised because of a change of circumstances that occurred since the decision had effect or is expected to occur.

(3) An interim maintenance decision or default maintenance decision made under Article 14 may be revised at any time.

[F2 (3A) Where—

(a) the Department makes a decision and there is an appeal;

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

(c) the Department 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.]

(4) In paragraph (1)(e) “official error” means an error made by an officer of the Department or HMRC acting as such to which no person outside the Department or HMRC materially contributed, but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or a court.

Textual Amendments

F1 Reg. 14(1)(a) substituted (23.3.2015) by The Child Support (Modification, Miscellaneous and Consequential Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/116), regs. 1(2), 8(2)

F2 Reg. 14(3A) inserted (30.6.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(1), 4(4)

Commencement Information

I1 Reg. 14 comes into force in accordance with reg. 1

(1)

Paragraph (1A) was inserted by section 8(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

(2)

Article 22 is substituted by Article 42 of the Social Security (Northern Ireland) Order 1998 and section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

(3)

S.R. 1999 No. 162