The Child Support (Northern Ireland) Order 1991 No. 2628 (NI. 23)

Reviews and appealsN.I.

[F1[F2Appeals to appeal tribunalsN.I.

22.—(1) A qualifying person has a right of appeal to an appeal tribunal against—

(a)a decision of the Department under Article 13, 14 or 19 (whether as originally made or as revised under Article 18);

(b)a decision of the Department not to make a maintenance calculation under Article 13 or not to supersede a decision under Article 19;

(c)a reduced benefit decision under Article 43;

(d)the imposition (by virtue of Article 38A) of a requirement to make penalty payments, or their amount;

(e)the imposition (by virtue of Article 44) of a requirement to pay fees.

(2) In paragraph (1), qualifying person means—

(a)in relation to sub-paragraphs (a) and (b), the person with care, or non-resident parent, with respect to whom the Department made the decision;

(b)in relation to sub-paragraph (c), the person in respect of whom the benefits are payable;

(c)in relation to sub-paragraph (d), the parent who has been required to make penalty payments; and

(d)in relation to sub-paragraph (e), the person required to pay fees.

(3) A person with a right of appeal under this Article shall be given such notice as may be prescribed of—

(a)that right; and

(b)the relevant decision, or the imposition of the requirement.

(4) Regulations may make—

(a)provision as to the manner in which, and the time within which, appeals are to be brought; and

(b)such provision with respect to proceedings before appeal tribunals as the Department considers appropriate.

(5) The regulations may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

(6) No appeal lies by virtue of paragraph (1)(c) unless the amount of the person's benefit is reduced in accordance with the reduced benefit decision; and the time within which such an appeal may be brought runs from the date of notification of the reduction.

(7) In deciding an appeal under this Article, an appeal tribunal—

(a)need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the Department made the decision or imposed the requirement.

(8) If an appeal under this Article is allowed, the appeal tribunal may—

(a)itself make such decision as it considers appropriate; or

(b)remit the case to the Department, together with such directions (if any) as it considers appropriate.]]

F11998 NI 10

F2Art. 22 substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 10, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F1F3Appeals to appeal tribunalsN.I.

22.—(1) Where an application for a [F4maintenance assessment] [F5maintenance calculation] is refused, the person who made that application shall have a right of appeal to an appeal tribunal against the refusal.

(2) Where a [F6maintenance assessment] [F7maintenance calculation] is in force, the [F8absent parent] [F9non-resident parent] or person with care with respect to whom it was made shall have a right of appeal to an appeal tribunal against the amount of the [F10assessment] [F11calculation] or the date from which the [F12assessment] [F13calculation] takes effect.

(3) Where a [F14maintenance assessment] [F15maintenance calculation] is cancelled, or an application for the cancellation of a [F16maintenance assessment] [F17maintenance calculation] is refused, the [F18absent parent] [F19non-resident parent] or person with care with respect to whom the [F20maintenance assessment] [F21maintenance calculation] in question was, or remains, in force, shall have a right of appeal to an appeal tribunal against the cancellation or refusal.

(4) A person with a right of appeal under this Article shall be given such notice of that right and, in the case of a right conferred by paragraph (1) or (3), such notice of the decision as may be prescribed.

(5) Regulations may make—

(a)provision as to the manner in which, and the time within which, appeals are to be brought; and

(b)such provision with respect to proceedings before appeal tribunals as the Department considers appropriate.

(6) The regulations may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

(7) In deciding an appeal under this Article, an appeal tribunal—

(a)need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the decision or [F22assessment] [F23calculation] appealed against was made.]

F11998 NI 10

F3Art. 22 substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 10, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.