The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003

Amendment of the Maintenance Assessment Procedure Regulations

5.—(1) In regulation 20 of the Maintenance Assessment Procedure Regulations (supersession of decisions)(1) after paragraph (4) there shall be inserted—

“(4A) A decision may be superseded by a decision made by the Secretary of State—

(a) where an application is made on the basis that; or

(b) acting on his own initiative where,

the decision to be superseded is a decision of an appeal tribunal or of a Child Support Commissioner that was made in accordance with section 28ZB(4)(b) of the Act, in a case where section 28ZB(5) of the Act applies.”.

(2) In regulation 23 of the Maintenance Assessment Procedure Regulations (date from which a decision is superseded)(2) after paragraph (19) there shall be added—

“(20) Where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which the appeal tribunal or the Child Support Commissioner’s decision 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 section 28ZB(1)(b) of the Act.”.

(1)

Regulation 20 was substituted by S.I. 1999/1047 and amended by S.I. 2000/1596.

(2)

Regulation 23 was substituted by S.I. 1999/1047 and amended by S.I. 2000/1596.