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The Social Security, Child Support and Mesothelioma Lump Sum Payments (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2016

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Amendment of the Child Support Maintenance Calculation Regulations

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5.—(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(1) are amended in accordance with paragraphs (2) and (3).

(2) After regulation 14(2) (grounds for revision) insert—

Consideration of revision before appeal

14A.(1) This regulation applies in a case where—

(a)the Department 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 Department 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 Article 22 against the decision only if the Department has considered on an application whether to revise the decision under Article 18.

(3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 14(1) 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 Department may treat any purported appeal as an application for revision under Article 18.

(5) In this regulation, “decision” means a decision mentioned in Article 22(1)(a) or (b) (as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000)..

(3) In regulation 15 (late application for a revision)—

(a)in paragraph (4)(b) at the end insert “, except in a case to which regulation 14A applies”; and

(b)in paragraph (6) after “extension of time” insert “, except in a case to which regulation 14A applies”.

(1)

S.R. 2012 No. 427, relevant amending Regulations are S.R. 2015 No. 116.

(2)

Regulation 14 was amended by regulation 8(2) of S.R. 2015 No. 116.

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