The Child Support (Decisions and Appeals) (Amendment) Regulations 2000

Insertion of regulation 3A E+W+S

5.  After regulation 3 (revision of decisions) there shall be inserted the following regulation—

“ Revision of child support decisions

3A.— (1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the Secretary of State—

(a) if he receives an application for the revision of a decision either—

(i) under section 16; or

(ii) by way of an application under section 28G,

of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;

(b) if—

(i) he notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

(ii) that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;

(c) if he is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;

(d) if he commences action leading to the revision of the decision within one month of the date of notification of the decision; or

(e) if the decision arose from an official error.

(2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—

(a) occurred since the date on which the decision had effect; or

(b) according to information or evidence which the Secretary of State has, is expected to occur.

(3) Subject to paragraph (7), in paragraphs (1) and (2) and in regulation 4(3) “decision" means a decision of the Secretary of State under sections 11, 12 or 46 of the Child Support Act, or a determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act.

(4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.

(5) Where the Secretary of State revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.

(6) Section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State—

(a) under section 41A or 47 of the Child Support Act; or

(b) that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments,

as it applies in relation to any decision of the Secretary of State under sections 11, 12, 17 or 46 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.

(7) In paragraph (6)(b) and in regulations 6A(9), 6B(4)(d) and 30A “voluntary payments" means the same as in the definition in section 28J of the Child Support Act and Regulations made under that section.”.