PART 3DECISION MAKING

CHAPTER 6MISCELLANEOUS MATTERS RELATING TO APPEALS

Decisions involving issues that arise on appeal in other casesI128

1

For the purposes of Article 28ZA(2)(b)37—

a

a case in which there is no maintenance calculation in force is a prescribed case; and

b

the prescribed basis on which the Department may make the decision is as if—

i

the appeal in relation to the different matter, which is referred to in Article 28ZA(1)(b) had already been determined, and

ii

for the purposes of making that decision, the appeal had been determined in a way that resulted in the lowest possible amount of child support maintenance in the circumstances of that case being payable.

2

The circumstances prescribed under Article 28ZA(4)(c) are that the Department—

a

certifies in writing that an appeal against that decision is being considered; and

b

considers that, if such an appeal were to be determined in a particular way—

i

there would be no liability for child support maintenance, or

ii

such liability would be less than would be the case were an appeal not made.

Annotations:
Commencement Information
I1

Reg. 28 comes into force in accordance with reg. 1

Appeals involving issues that arise in other casesI229

The circumstances prescribed for the purposes of Article 28ZB(6)(c)38, are where the Department—

a

certifies in writing that an appeal against that decision in question is being considered; and

b

considers that, if such an appeal were already determined, it would affect the determination of the appeal described in Article 28ZB(1)(a).

Annotations:
Commencement Information
I2

Reg. 29 comes into force in accordance with reg. 1

Tribunal decision made pending outcome of a related appealI330

Where, in accordance with Article 28ZB(5) the Department makes a decision superseding the decision of an appeal tribunal or Child Support Commissioner, the superseding decision takes effect from the date on which the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner 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 Article 28ZB(1)(b).

Annotations:
Commencement Information
I3

Reg. 30 comes into force in accordance with reg. 1

Supersession of tribunal decision made in error due to misrepresentation etc.I431

1

Where—

a

a decision made by an appeal tribunal or Child Support Commissioner is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and

b

the Department is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision takes effect from the date on which the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner, took or was to take, effect.

Annotations:
Commencement Information
I4

Reg. 31 comes into force in accordance with reg. 1

Supersession of look-alike case where law reinterpreted by a Child Support Commissioner or a courtI532

Any supersession decision made under Article 1939 in consequence of a determination which is a relevant determination for the purposes of Article 28ZC40 takes effect from the date of the relevant determination.