The Social Security and Child Support (Decisions and Appeals) Regulations 1999

[F1 Circumstances in which a child support decision may not be superseded E+W+S

6B.— [F2 (1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the [F3 Secretary of State], [F4 an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner], on an application made under regulation [F5 6A(2)(a)], shall not be superseded where the difference between—

(a) the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and

(b) the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,

is less than 5% of the figure in sub-paragraph (a).

(2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation [F5 6A(2)(a)] but for the application of this regulation.

[F6 (3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.]

(4) This regulation shall not apply to a decision under regulation [F5 6A(2)(a)] where—

(a) the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;

(b) the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;

(c) the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;

F7 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; F8 ...

(e) the superseding decision takes effect from the dates prescribed in regulation [F9 paragraph 4 of Schedule 3D]][F10 ; or

(f) a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.]

[F11 (5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the [F12 Secretary of State] may make a superseding decision on the basis that application A was made at the same time as application B.]]

Textual Amendments

F1 Reg. 6A - Reg. 6B inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3 ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 8 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F2 Reg. 6B omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(3)

F3 Words in reg. 6B(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(5)

F4 Words in reg. 6B(1) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(4)

F5 Word in reg. 6B substituted (6.4.2009) by Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(5)(b) (with reg. 7)

F6 Reg. 6B(3) substituted (16.9.2004 for specified purposes and in accordance with reg. 1(2)(b)) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(b), 2(2)(a)

F7 Reg. 6B(4)(d) omitted (6.4.2009) by virtue of Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(5)(c) (with reg. 7)

F8 Word in reg. 6B(4)(d) omitted (4.7.2011) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 2(3)(a)

F9 Words in reg. 6B(4)(e) substituted (6.4.2009) by Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(5)(d) (with reg. 7)

F10 Reg. 6B(4)(f) and word added (4.7.2011) by The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 2(3)(b)

F11 Reg. 6B(5) inserted (16.9.2004 for specified purposes and in accordance with reg. 1(2)(b)) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(b), 2(2)(b)

F12 Words in reg. 6B(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(5)