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Child Support Act 1991

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Child Support Act 1991, Section 20 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F120 Appeals to [F2First-tier Tribunal].E+W+S

(1)A qualifying person has a right of appeal to [F3the First-tier Tribunal] against—

(a)a decision of the [F4Secretary of State] under section 11, 12 or 17 (whether as originally made or as revised under section 16);

(b)a decision of the [F4Secretary of State] not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

(e)the imposition (by virtue of section 47) of a requirement to pay fees.

(2)In subsection (1), “qualifying person” means—

(a)in relation to paragraphs (a) and (b)—

(i)the person with care, or non-resident parent, with respect to whom the [F6Secretary of State] made the decision, or

(ii)in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

[F8(2A)Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in subsection (1)(a) or (b) only if the [F9Secretary of State] has considered whether to revise the decision under section 16.

(2B)The regulations may in particular provide that that condition is met only where—

(a)the consideration by the [F9Secretary of State] was on an application,

(b)the [F9Secretary of State] considered issues of a specified description, or

(c)the consideration by the [F9Secretary of State] satisfied any other condition specified in the regulations.]

(3)A person with a right of appeal under this section 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; F10...

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(c)provision that, where in accordance with regulations under subsection (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.]

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

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In deciding an appeal under this section, [F13the First-tier 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 [F14Secretary of State] made the decision or imposed the requirement.

(8)If an appeal under this section is allowed, the [F15First-tier Tribunal] may—

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

(b)remit the case to the [F16Secretary of State], together with such directions (if any) as it considers appropriate.]

Textual Amendments

F1S. 20 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 10, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F8S. 20(2A)(2B) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 5(2) (with s. 102(7)-(9)); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24; S.I. 2013/983, art. 8

F10S. 20(4)(b) and preceding word omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 81(c)

F11S. 20(4)(c) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 5(3); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24; S.I. 2013/983, art. 8

Modifications etc. (not altering text)

C1S. 20 (as originally enacted) amended (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 80

C4S. 20 (as originally enacted) amended (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 6 (with s. 102(7)-(9)); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24; S.I. 2013/983, art. 8

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