Child Support, Pensions and Social Security Act (Northern Ireland)

Revision and supersession of decisions

Revision of decisions

8.—(1) Article 18 of the Child Support Order (revision of decisions) shall be amended as follows.

(2) In paragraph (1), for “of the Department under Article 13, 14 or 19” there shall be substituted “to which paragraph (1A) applies”.

(3) After paragraph (1), there shall be inserted—

“(1A) This paragraph applies to—

(a) a decision of the Department under Article 13, 14 or 19;

(b) a reduced benefit decision under Article 43;

(c) a decision of an appeal tribunal on a referral under Article 28D(1)(b).

(1B) Where the Department revises a decision under Article 14(1)—

(a) it may (if appropriate) do so as if it were revising a decision under Article 13; and

(b) if it does that, its decision, as revised, shall be treated as a decision under Article 13 instead of Article 14(1) (and, in particular, shall be so treated for the purposes of an appeal against it under Article 22).”.

Decisions superseding earlier decisions

9.—(1) Article 19 of the Child Support Order (decisions superseding earlier decisions) shall be amended as follows.

(2) In paragraph (1), for sub-paragraph (c) there shall be substituted—

“(c) any reduced benefit decision under Article 43;

(d) any decision of an appeal tribunal on a referral under Article 28D(1)(b); and

(e) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in sub-paragraph (b) or (d),”.

(3) For paragraph (4) there shall be substituted—

“(4) Subject to paragraph (5) and Article 28ZC, a decision under this Article shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

(4A) In paragraph (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on and including the effective date of the first decision made by the Department under Article 13 or (if earlier) the Department’s first default or interim maintenance decision (under Article 14) in relation to the non-resident parent in question, and each subsequent one beginning on and including the day after the last day of the previous one.”.