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The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012

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Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

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4.  (1)  The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are amended as follows.

(2) in regulation 6 (supersession of decisions)—

(a)in paragraph (2)(c) for “the First-tier Tribunal or of the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Commissioner”;

(b)in sub-paragraph (2)(n) —

(i)before “the First-tier Tribunal” in the first place it occurs insert “an appeal tribunal or”;

(ii)for “decision of the First-tier Tribunal” substitute “decision of an appeal tribunal or the First-tier Tribunal”.

(3) In regulation 6A(4A) (supersession of child support decisions) for “the First-tier Tribunal or of the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner”(2).

(4) In regulation 6B(1) (circumstances in which a child support decision may not be superseded) for “the First-tier Tribunal or the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner”.

(5) In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a)in paragraph (5) for “the First-tier Tribunal or the Upper Tribunal” in both places it occurs substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner”;

(b)in paragraph (33)—

(i)for “the First-tier Tribunal or the Upper Tribunal’s decision” substitute “the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Commissioner”;

(ii)after “the Upper Tribunal” insert "or the Commissioner”.

(6) In paragraph 11 of Schedule 3D (effective dates for supersession of decisions of child support decisions)(3) —

(a)In sub-paragraph (a), for “the First-tier Tribunal or the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner”;

(b)for “the First-tier Tribunal or, as the case may be, the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner (as the case may be)”.

(1)

S.I. 1999/991. Relevant amending instruments are S.I. S.I. 2000/1596, S.I. 2000/3185, S.I. 2000/1596, S.I. 2003/916, S.I. 2003/1050, 2008/2683 and S.I. 2009/396. See section 17(7) of the 1998 Act, as inserted by paragraph 4 of Schedule 12 to, the Welfare Reform Act for the meaning of “appeal tribunal” and “Commissioner”.

(2)

See section 17(6) of the 1991 Act, as inserted by paragraph 2 of Schedule 12 to, the Welfare Reform Act for the meaning of “Child Support Commissioner”. Relevant amending instruments are S.I. 2000/3185, 2003/1050 and S.I. 2009/396.

(3)

Schedule 3D was inserted by S.I. 2009/396.

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