12. The effective date of a decision under Article 13 is the date on which notice is given to the non-resident parent in accordance with regulation 11.
Commencement Information
I1Reg. 12 comes into force in accordance with reg. 1
13.—(1) Subject to paragraph (2), where an application for a variation is made in the circumstances referred to in Article 28A(3) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation is—
(a)where the ground giving rise to the variation existed from the initial effective date, that date; or
(b)where the ground giving rise to the variation arose after the initial effective date, the day on which the ground arose.
(2) Where—
(a)the ground for the variation applied for under Article 28A(3) is a ground in regulation 64 or 66; and
(b)payments falling within the relevant regulation which have been made by the non-resident parent constitute voluntary payments for the purposes of Article 28J(1) and regulations made under that Article,
the date from which the maintenance calculation is to take account of the variation on this ground is to be the date on which the non-resident parent is notified under regulation 25 of the amount of the non-resident’s liability to pay child support maintenance.
(3) Where the ground for the variation applied for under Article 28A(3) has ceased to exist by the date on which the maintenance calculation is made, that calculation is to take account of the variation for the period ending on the day on which the ground ceased to exist.
Commencement Information
I2Reg. 13 comes into force in accordance with reg. 1
14.—(1) A decision to which Article 18(1A)(2) applies may be revised by the Department—
(a)if the Department receives an application for the revision of a decision either—
(i)under Article 18, or
(ii)by way of application under Article 28G,
within 30 days after the date of notification of the decision or 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(3) against a decision within the time limit prescribed by the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(4) 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.
(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.
Commencement Information
I3Reg. 14 comes into force in accordance with reg. 1
15.—(1) The time limit for making an application for a revision specified in regulation 14(1)(a) may be extended where the conditions specified in the following provisions of this regulation are satisfied.
(2) An application for an extension of time must be made by one of the parties or that party’s authorised representative.
(3) An application for an extension of time must contain particulars of the grounds on which the extension is sought and must contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.
(4) An application for an extension of time may not be granted unless the applicant satisfies the Department that—
(a)it is reasonable to grant the application;
(b)the application for revision has merit; and
(c)special circumstances are relevant to the application and because of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 14(1)(a).
(5) In determining whether it is reasonable to grant an application for an extension of time, the Department must have regard to the principle that the greater the amount of time that has elapsed between the end of the time specified in regulation 14(1)(a) for applying for a revision and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
(6) In determining whether it is reasonable to grant the application for an extension of time, no account shall be taken of the following—
(a)that the applicant, or any person acting for the applicant, was unaware of or misunderstood the law applicable to the case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
(b)that a Child Support Commissioner or a court has taken a different view of the law from that previously understood and applied.
(7) An application under this regulation for an extension of time which has been refused may not be renewed.
(8) In paragraph (6)(b) the reference to a Child Support Commissioner shall be read as including a reference to the Upper Tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007(5).
Commencement Information
I4Reg. 15 comes into force in accordance with reg. 1
16. Where a decision is revised and the date from which the original decision took effect is found to be wrong, the decision as revised takes effect from the date on which the original decision would have taken effect had the error not been made.
Commencement Information
I5Reg. 16 comes into force in accordance with reg. 1
17.—(1) A decision mentioned in Article 19(1)(6) may be superseded by a decision of the Department, on an application or on the Department’s own initiative, where—
(a)there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;
(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c)the decision was wrong in law (unless it was a decision made on appeal).
(2) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1(7) or where the Department no longer has jurisdiction by virtue of Article 41(8).
(3) A decision may be superseded by a decision made by the Department where it receives an application for the supersession of a decision by way of an application under Article 28G.
(4) A decision may not be superseded in circumstances where it may be revised.
(5) A decision to refuse an application for a maintenance calculation may not be superseded.
(6) In making a supersession decision under Article 19(1) the Department need not consider any issue that is not raised by the application or, as the case may be, did not cause the decision to be made on the Department’s own initiative.
(7) This regulation is subject to any provision in Chapter 4 relating to the circumstances in which a supersession decision may be made.
Commencement Information
I6Reg. 17 comes into force in accordance with reg. 1
18.—(1) This regulation sets out cases and circumstances in which a supersession decision takes effect on a date other than the date mentioned in Article 19(4)(9).
(2) Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the date on which that change or that ground is expected to occur.
(3) Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the date on which the change occurred—
(a)a child ceases to be a qualifying child, a relevant other child, or a child supported under another arrangement;
(b)the person with care dies or ceases to be a person with care in relation to a qualifying child;
(c)the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom;
(d)the non-resident parent begins or ceases to receive a benefit mentioned in regulation 43(1) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 43(2).
(4) Where the ground for the supersession decision is that a relevant change of circumstances affecting the non-resident parent’s current income has occurred and the non-resident parent was required to report that change in accordance with regulations under Article 16(1)(10), the decision takes effect from the date on which the change occurred.
(5) Where the ground for the supersession decision is that there is a new qualifying child in relation to the non-resident parent, the decision takes effect from the date which would be the initial effective date in relation to an application under Article 7 in relation to that child if there were no maintenance calculation already in force.
(6) Where paragraphs (2) to (5) do not apply—
(a)if the supersession decision is made on an application by one of the parties, the decision takes effect from the date of the application;
(b)if the supersession decision is made on the Department’s own initiative on the basis of information provided by a third party, the decision takes effect from the date on which that information is provided; and
(c)if the supersession decision is made on the Department’s own initiative and sub-paragraph (b) does not apply, the decision takes effect from the date on which it is made.
(7) In paragraph (3)—
(a)the reference to a child supported under another arrangement is to a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1(11) or a child mentioned in regulation 51; and
(b)the reference to the date on which a person begins or ceases to receive a benefit is to the date on which entitlement to the benefit commences or ceases.
(8) This regulation is subject to any provision in Chapter 4 relating to the date from which a supersession decision made under that Chapter takes effect.
Commencement Information
I7Reg. 18 comes into force in accordance with reg. 1
19.—(1) The Department must, in relation to each application for a maintenance calculation, fix a date at which the non-resident parent’s gross weekly income is to be reviewed by reference to an updated HMRC figure (“the review date”).
(2) Subject to paragraph (3), the first review date falls 12 months after the initial effective date and subsequent review dates fall on each anniversary of that date, unless the Department decides in any particular case or class of case to fix a different date.
(3) Where a maintenance calculation is in force and there is a further application in relation to the non-resident parent in respect of a new qualifying child, the review dates are to be aligned so that the first review date in respect of the new application is the next review date for the calculation already in force.
(4) Where an application for a maintenance calculation in relation to both non-resident parents of a qualifying child is treated as a single application by virtue of regulation 10(3) the Department may fix different review dates in respect of each non-resident parent.
Commencement Information
I8Reg. 19 comes into force in accordance with reg. 1
20.—(1) Where an updated figure is provided by HMRC for the latest available tax year in accordance with a request under regulation 34(2)(b), that figure applies, for the purposes of determining historic income, on or after the review date.
(2) If the non-resident parent’s gross weekly income, as calculated in accordance with Chapter 1 of Part 4 by reference to that updated figure, has changed, the Department may make a supersession decision with effect from the review date.
Commencement Information
I9Reg. 20 comes into force in accordance with reg. 1
21.—(1) This regulation applies where, in relation to a maintenance calculation in force, additional income has been taken into account by virtue of a variation previously agreed to under regulation 68.
(2) When the Department makes a request to HMRC for the purposes of reviewing the non-resident parent’s gross weekly income in accordance with regulation 20 the Department may also request information relating to the non-resident parent’s unearned income for the latest available tax year and, where appropriate, make a supersession decision on the basis of that information with effect from the review date.
Commencement Information
I10Reg. 21 comes into force in accordance with reg. 1
22.—(1) Where—
(a)the non-resident parent’s gross weekly income is based on an amount of current income by virtue of regulation 33(2); and
(b)no supersession decision changing that amount has been made within the past 11 months,
the Department may, for the purposes of validating that amount, require evidence of current income to be provided by the non-resident parent.
(2) Where the non-resident parent fails to provide evidence as requested under paragraph (1) the Department may make a supersession decision determining the non-resident parent’s gross weekly income on the basis of historic income.
(3) Where the Department is provided with sufficient information on which to make a new determination of current income, it may make a supersession decision applying the general rule in regulation 33(2).
(4) Subject to paragraph (5), a supersession decision under this regulation has effect from the date on which it is made.
(5) Where the Department makes a supersession decision under paragraph (3) and the relevant change of circumstances affecting the non-resident parent’s current income was one that the non-resident parent was required to report in accordance with regulations under Article 16(1), the decision takes effect from the date on which the change occurred.
Commencement Information
I11Reg. 22 comes into force in accordance with reg. 1
23.—(1) This regulation applies where the non-resident parent’s gross weekly income is based on an amount of current income by virtue of regulation 33(2) and, before the next review date, there is a change of circumstances affecting the amount of that current income.
(2) No supersession decision giving effect to that change may be made unless the amount of that current income has changed by at least 25 per cent.
(3) Paragraph (1) does not prevent a supersession decision that—
(a)is made on the Department’s own initiative under regulation 20 or 22;
(b)is made on the ground mentioned in regulation 17(1)(c); or
(c)supersedes a decision determining the non-resident parent’s gross weekly income on the basis of regulation 41.
(4) Where the condition in paragraph (2) is satisfied, the current income (as changed) is to apply even if it does not differ from historic income by an amount that is at least 25 per cent of historic income.
Commencement Information
I12Reg. 23 comes into force in accordance with reg. 1
24.—(1) Notification of a decision made by the Department under Article 13, 14 or 19 or of any revision of such a decision under Article 18 must be given to the parties in accordance with this Chapter.
(2) Any such notification must include information as to the provisions relating to the revision and supersession of, and appeals from, decisions made under the Child Support Order.
Commencement Information
I13Reg. 24 comes into force in accordance with reg. 1
25.—(1) Notification of a decision made under Article 13 or 14(2)(12) must set out—
(a)the effective date of the maintenance calculation;
(b)where relevant, the non-resident parent’s gross weekly income, including—
(i)whether that is based on historic income or current income, and
(ii)if based on current income, whether that income has been estimated in accordance with regulation 41;
(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 1 of Schedule 1(13) and, where there has been an agreement to a variation or a variation has otherwise been taken into account, Part 5 of these Regulations;
(g)where the weekly rate is adjusted by apportionment or to take account of shared care;
(h)where the amount of child support maintenance is decreased—
(i)to take account of a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1; or
(ii)in accordance with regulation 51 or 52.
(2) A notification of a maintenance calculation made under Article 14(1) must set out—
(a)the effective date of the maintenance calculation;
(b)the default rate;
(c)the number of qualifying children on which the rate is based; and
(d)whether apportionment has been applied under regulation 48,
and must state the nature of the information required to enable a calculation decision to be made.
(3) Except with the written permission of the person concerned, a notice under this regulation must not include—
(a)the address of any person other than the recipient of the notice (other than the address of the relevant office of the Department) or any other information the use of which could reasonably be expected to lead to any such persons being located; and
(b)any other information the use of which could reasonably be expected to lead to any person other than the qualifying child or a party to the application being identified.
Commencement Information
I14Reg. 25 comes into force in accordance with reg. 1
26.—(1) A notification of a decision made following the revision or supersession of a decision made under Article 13, 14 or 19, whether as originally made or revised under Article 18, must, subject to the qualification in regulation 25(3), set out the information mentioned in regulation 25(1) and (2) in relation to the decision in question.
(2) The requirement in paragraph (1) does not apply where the Department has decided not to supersede a decision and in that case the Department must, where appropriate and as far as reasonably practicable, notify the parties of that decision.
Commencement Information
I15Reg. 26 comes into force in accordance with reg. 1
27. Where the Department decides that a maintenance calculation has ceased or is to cease to have effect, the Department must immediately notify the non-resident parent and person with care so far as that is reasonably practicable.
Commencement Information
I16Reg. 27 comes into force in accordance with reg. 1
28.—(1) For the purposes of Article 28ZA(2)(b)(14)—
(a)a case in which there is no maintenance calculation in force is a prescribed case; and
(b)the prescribed basis on which the Department may make the decision is as if—
(i)the appeal in relation to the different matter, which is referred to in Article 28ZA(1)(b) had already been determined, and
(ii)for the purposes of making that decision, the appeal had been determined in a way that resulted in the lowest possible amount of child support maintenance in the circumstances of that case being payable.
(2) The circumstances prescribed under Article 28ZA(4)(c) are that the Department—
(a)certifies in writing that an appeal against that decision is being considered; and
(b)considers that, if such an appeal were to be determined in a particular way—
(i)there would be no liability for child support maintenance, or
(ii)such liability would be less than would be the case were an appeal not made.
Commencement Information
I17Reg. 28 comes into force in accordance with reg. 1
29. The circumstances prescribed for the purposes of Article 28ZB(6)(c)(15), are where the Department—
(a)certifies in writing that an appeal against that decision in question is being considered; and
(b)considers that, if such an appeal were already determined, it would affect the determination of the appeal described in Article 28ZB(1)(a).
Commencement Information
I18Reg. 29 comes into force in accordance with reg. 1
30. Where, in accordance with Article 28ZB(5) the Department makes a decision superseding the decision of an appeal tribunal or Child Support Commissioner, the superseding decision takes effect from the date on which the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner would have taken effect had it been decided in accordance with the determination of the Child Support Commissioner or the court in the appeal referred to in Article 28ZB(1)(b).
Commencement Information
I19Reg. 30 comes into force in accordance with reg. 1
31.—(1) Where—
(a)a decision made by an appeal tribunal or Child Support Commissioner is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and
(b)the Department 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 takes 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.
Commencement Information
I20Reg. 31 comes into force in accordance with reg. 1
32. Any supersession decision made under Article 19(16) in consequence of a determination which is a relevant determination for the purposes of Article 28ZC(17) takes effect from the date of the relevant determination.
Commencement Information
I21Reg. 32 comes into force in accordance with reg. 1
Article 28J is inserted by section 19(1) 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
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
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
Paragraph (1) is amended by section 9(2) of, and Schedule 9 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
Paragraph 16 was amended by paragraph 32(5) of Schedule 6 to the Social Security (Northern Ireland) Order 1998, section 1(2) of, and paragraphs 11 and 28(c) of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 1(29)(b) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008
Article 41 is amended by paragraph 26 of Schedule 6 to the Social Security (Northern Ireland) Order 1998, sections 1(2(a) and 21 of, and paragraph 11 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 128 of Schedule 1 to S.I. 2009/1941
Paragraph 4 is amended by section 9(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
Article 16(1) is amended by section 12 of, and paragraph 16 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008
Paragraph 5A is inserted by paragraph 5(2) of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008
Paragraph (2) was amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008
Part I was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 32(1) and (2) of Schedule 6 to the Social Security (Northern Ireland) Order 1998, paragraphs 10 and 11 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 2(8) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 12 of Schedule 24 to the Civil Partnership Act 2004 and Schedule 1 to the Child Maintenance Act (Northern Ireland ) 2008
Article 28ZA was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998 and is amended by paragraph 19(b) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008
Article 28ZB was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998 and amended by paragraph 20 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008
Article 28ZC was inserted by Article 44 of the Social Security (Northern Ireland) Order 1998 and is amended by section 1(2)(a) of, and paragraph 21 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, paragraph 57 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4) and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008