The Child Support Maintenance Calculation Regulations 2012

CHAPTER 3 E+W+S SUPERSESSION

Grounds for supersession E+W+S

17.—(1) A decision mentioned in section 17(1) of the 1991 Act M1 may be superseded by a decision of the Secretary of State, on an application or on the Secretary of State's own initiative, where—

(a) there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;

(b) the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c) the decision was wrong in law (unless it was a decision made on appeal).

(2) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the 1991 Act M2 or where the Secretary of State no longer has jurisdiction by virtue of section 44 of that Act.

(3) A decision may be superseded by a decision made by the Secretary of State where the Secretary of State receives an application for the supersession of a decision by way of an application under section 28G of the 1991 Act (application for a variation where a maintenance calculation is in force).

(4) A decision may not be superseded in circumstances where it may be revised.

(5) A decision to refuse an application for a maintenance calculation may not be superseded.

(6) In making a supersession decision under section 17(1) of the 1991 Act, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the decision to be made on the Secretary of State's own initiative.

(7) This regulation is subject to any provision in Chapter 4 of this Part (updating gross weekly income) relating to the circumstances in which a supersession decision may be made.

Commencement Information

I1 Reg. 17 wholly in force; reg. 17 not in force at made date; reg. 17 in force at 29.7.2013 for certain purposes and reg. 17 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Marginal Citations

M1 Section 17(1) was substituted by section 41 of the Social Security Act 1998 (c. 14) and amended by section 9(1) and (2) of, and Schedule 9 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”), Schedule 8 to the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) and S.I. 2008/2833. The decisions mentioned in section 17 are: a maintenance calculation; an interim maintenance decision; a default maintenance decision or a supersession (whether as originally made or revised); a decision of a First-tier tribunal made on appeal under section 20 or on a variation referred under section 28D of the 1991 Act; a decision of an Upper Tribunal on appeal from the First-tier Tribunal.

M2 Paragraph 16 was amended by section 1(2) of, and paragraph 11(1), (2) and (22)(c)(i) of Schedule 3 to, the 2000 Act; there are other amendments not relevant to these Regulations.

Effective dates for supersession decisions E+W+S

18.—(1) This regulation sets out cases and circumstances in which a supersession decision takes effect on a date other than the date mentioned in section 17(4) of the 1991 Act M3 .

(2) Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the date on which that change or that ground is expected to occur.

(3) Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the date on which the change occurred—

(a) a child ceases to be a qualifying child, a relevant other child, or a child supported under another arrangement;

(b) the person with care dies or ceases to be a person with care in relation to a qualifying child;

(c) the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom;

(d) the non-resident parent begins or ceases to receive a benefit mentioned in regulation 44(1) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 44(2).

(4) Where the ground for the supersession decision is that a relevant change of circumstances affecting the non-resident parent's current income has occurred and the non-resident parent was required to report that change in accordance with regulations under section 14(1) of the 1991 Act, the decision takes effect from the date on which the change occurred.

(5) Where the ground for the supersession decision is that there is a new qualifying child in relation to the non-resident parent, the decision takes effect from the date which would be the initial effective date in relation to an application under section 4 or 7 of the 1991 Act in relation to that child if there were no maintenance calculation already in force.

(6) Where paragraphs (2) to (5) do not apply—

(a) if the supersession decision is made on an application by one of the parties, the decision takes effect from the date of the application;

(b) if the supersession decision is made on the Secretary of State's own initiative on the basis of information provided by a third party, the decision takes effect from the date on which that information is provided; and

(c) if the supersession decision is made on the Secretary of State's own initiative, and sub-paragraph (b) does not apply, the decision takes effect from the date on which it is made.

(7) In paragraph (3)—

(a) the reference to a child supported under another arrangement is to a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1 to the 1991 Act M4 or a child mentioned in regulation 52 (non-resident parent liable to maintain a child of the family or a child abroad); and

(b) the reference to the date on which a person begins or ceases to receive a benefit is to the date on which entitlement to the benefit commences or ceases.

(8) This regulation is subject to any provision in Chapter 4 of this Part (updating gross weekly income) relating to the date from which a supersession decision made under that Chapter takes effect.

Commencement Information

I2 Reg. 18 wholly in force; reg. 18 not in force at made date; reg. 18 in force at 29.7.2013 for certain purposes and reg. 18 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Marginal Citations

M3 Section 17(4) and (4A) was substituted by section 9(1) and (3) of the 2000 Act.

M4 Paragraph 5A was inserted by paragraph 5(2) of Schedule 4 to the 2008 Act.