Statutory Instrument 1999 No. 1047

The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999

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© Crown Copyright 1999

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"the Departure Direction Regulations" means the Child Support Departure Direction and Consequential Amendments Regulations 1996[2]; and

"the Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992[3].

    (4) In these Regulations-

(a) in Part I, any reference to a regulation or a Schedule is a reference to a regulation of, or a Schedule to, the Maintenance Assessment Procedure Regulations; and

(b) In Part II, any reference to a regulation or a Schedule is a reference to a regulation of, or a Schedule to, the Departure Direction Regulations.

    (5) In the Schedule to this Instrument, "the Act" means the Social Security Act 1998[4].

Amendment of regulation 3
     3. In regulation 3(2)(a) (applications on the termination of a maintenance assessment), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Amendment of regulation 7
     4. In regulation 7 (death of a qualifying child)-

(a) in paragraph (1), for the words "the child support officer concerned" there shall be substituted the words "the Secretary of State";

(b) in paragraph (2), for the words "the child support officer" there shall be substituted the words "the Secretary of State".

Amendment of regulation 8
     5. In regulation 8[5] (categories of interim maintenance assessment)-

(a) in paragraph (1), for the words "a child support officer" there shall be substituted the words "the Secretary of State";

(b) in paragraph (3)-


(i) for the words "a child support officer" in each place in which they occur there shall be substituted the words "the Secretary of State";

(ii) the words "or the child support officer" shall be omitted.

Amendment of regulation 8A
     6. In regulation 8A[6] (amount of an interim maintenance assessment) for the words-

(a) "a child support officer"; and

(b) "the child support officer",

in each place in which they occur there shall be substituted the words "the Secretary of State".

Revocation of regulation 8B
     7. Regulation 8B[7] (review of an interim maintenance assessment) is hereby revoked.

Amendment of regulation 8C
     8. In regulation 8C[8] (effective date of an interim maintenance assessment)-

(a) in paragraph (1), the words "9(9) or" shall be omitted;

(b) in paragraph (1)(a), the words "regulations 8B, 9(2) and (3) and" shall be omitted;

(c) in paragraph (1)(b), the words "and to regulations 31 to 31C" shall be omitted;

(d) in paragraph (1)(c), the words "and regulations 31 to 31C" shall be omitted;

(e) in paragraph (2)-


(i) for the words from the beginning to "regulations 31 to 31C", there shall be substituted the words "The effective date of an interim maintenance assessment made under section 12(1)(b) of the Act shall, subject to regulation 33(7)";

(ii) for the words "is being reviewed" there shall be substituted the words "the Secretary of State is proposing to supersede with a decision under section 17 of the Act";



(f) in paragraph (3), the words ", regulation 8B or 9(2), (3) or (9)," shall be omitted.

Amendment of regulation 8D
     9. In regulation 8D[9] (miscellaneous provisions in relation to interim maintenance assessments)-

(a) paragraph (3) shall be omitted;

(b) in paragraph (4), for the words "29, 31 to 31C, 32, 33(5) and 55" there shall be substituted the words "32 and 33(5)";

(c) in paragraph (5)-


(i) the words "and regulation 9(15)" shall be omitted; and

(ii) for the words "a child support officer" there shall be substituted the word "him";



(d) in paragraph (6)-



(i) the words "Subject to regulation 9(15)" shall be omitted; and

(ii) for the words "a child support officer" there shall be substituted the words "the Secretary of State";



(e) in paragraph (7), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Substitution of regulations 9 and 9A
     10. For regulations 9 and 9A[10] there shall be substituted the following regulation-

" Interim maintenance assessments which follow other interim maintenance assessments
     9.  - (1) Where an interim maintenance assessment is being revised on the ground specified in regulation 17(1)(b) and the Secretary of State is satisfied-


(a) that another Category A, Category B or Category D maintenance assessment should be made, and

(b) that there has been unavoidable delay for part of the period during which the assessment which is being revised was in force,



the effective date of that other-



(i) Category A or Category D interim maintenance assessment shall be the first day of the maintenance period following the date upon which, in the opinion of the Secretary of State, the delay became avoidable;

(ii) Category B interim maintenance assessment shall be the date set out in regulation 8C(1)(b).



    (2) Where an interim maintenance assessment is revised on either of the grounds set out in regulation 17(4) or (5), payments made under that interim maintenance assessment before the revision shall be treated as payments made under the Category B interim maintenance assessment which replaces it.

    (3) Subject to paragraphs (5) and (6), where the Secretary of State makes a Category B interim maintenance assessment following the revision of an interim maintenance assessment in accordance with regulation 17(4), the effective date of that Category B interim maintenance assessment shall be the date determined in accordance with regulation 8C(1)(b).

    (4) Where the Secretary of State makes a fresh interim maintenance assessment following the supersession of an interim maintenance assessment in accordance with regulation 20(7), the effective date of that fresh interim maintenance assessment shall be the date from which that supersession took effect.

    (5) Where the Secretary of State cancels upon a revision an interim maintenance assessment in accordance with regulation 17(4) which caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.

    (6) Where the revision of an interim maintenance assessment in accordance with regulation 17(5) caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.".

Amendment of regulation 10
     11. In regulation 10[11] (notification of a new or a fresh maintenance assessment)-

(a) for paragraph (1) there shall be substituted the following paragraph-

    " (1) A person with a right of appeal to an appeal tribunal under-


(a) section 20 of the Act[12]; and

(b) section 20 of the Act as extended by paragraph 3(1)(b) of Schedule 4C to the Act[13],



shall be given notice of that right and of the decision to which that right relates.";

(b) paragraphs (1A) to (1C) shall be omitted;

(c) in paragraph (2)-


(i) after the words "paragraph (1)" there shall be inserted the words "of a new or fresh maintenance assessment made under section 11, 16 or 17"; and

(ii) in sub-paragraph (i), the words "or (b)" shall be omitted;



(d) in paragraph (2A), for the words "a review under section 16 of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under section 19(1)" there shall be substituted the words "a revision of a maintenance assessment under section 16 of the Act or a supersession of a maintenance assessment under section 17 of the Act";

(e) in paragraph (3)(a), for the words "of the child support officer concerned" there shall be substituted the words "of the officer concerned who is exercising functions of the Secretary of State under the Act";

(f) for paragraphs (4) to (6) there shall be substituted the following paragraph-

    " (4) Where a decision as to a maintenance assessment is made under section 11, 12, 16 or 17 of the Act, a notification under paragraph (1) shall include information as to the provisions of sections 16 and 17 of the Act.".

Amendment of regulation 10A
     12. In regulation 10A[14] (notification of increase or reduction in the amount of a maintenance assessment)-

(a) in paragraph (1), for the words-


(i) "a child support officer" there shall be substituted the words "the Secretary of State";

(ii) "section 18" there shall be substituted the words "sections 16 and 17";



(b) in paragraph (2)(a) for the words "of the child support officer concerned" there shall be substituted the words "of the officer concerned who is exercising functions of the Secretary of State under the Act".

Revocation of regulations 11 to 15A
     13. Regulations 11 to 15A[15] are hereby revoked.

Amendment of regulation 16
     14. In regulation 16[16] (periodical reviews), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Substitution of regulation 16A
     15. For regulation 16A[17] (notification that an appeal has lapsed) there shall be substituted the following regulation-

" Notification that an appeal has lapsed
     16A. Where an appeal lapses in accordance with section 16(6) of the Act, the Secretary of State shall, so far as is reasonably practicable, notify the relevant persons that that appeal has lapsed.".

Substitution of Parts V to VII
     16. For Parts V to VII of the Maintenance Assessment Procedure Regulations[18] there shall be substituted the following Part-

" PART V
Revisions and Supersessions
Revision of decisions
     17.  - (1) Subject to paragraphs (6) and (8), any decision may be revised by the Secretary of State-


(a) if the Secretary of State receives an application for the revision of a decision under section 16 of the Act within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 18;

(b) if-


(i) the Secretary of State notifies a 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 a 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 evidence or information to enable a decision to be made;



(c) if the decision arose from an official error;

(d) if the Secretary of State is satisfied that the original 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 otherwise have been but for that error; or

(e) if the Secretary of State commences action leading to the revision of a decision within one month of the date of notification of the decision.



    (2) A decision may be revised by the Secretary of State in consequence of a departure direction where that departure direction takes effect on the effective date.

    (3) Subject to regulation 20(6) a decision of the Secretary of State under section 12 of the Act may be revised where-



(a) the Secretary of State receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for the whole of the period beginning with the effective date applicable to a particular case; or

(b) the Secretary of State is satisfied that there was unavoidable delay by the absent parent in-


(i) completing and returning a maintenance enquiry form under the provisions of regulation 6(1);

(ii) providing information or evidence that is required by him for the determination of an application for a maintenance assessment; or

(iii) providing information or evidence that is required by him to enable him to revise a decision under section 16 of the Act or supersede a decision under section 17 of the Act.



    (4) Where an interim maintenance assessment is in force which is not a Category B interim maintenance assessment and the Secretary of State is satisfied that it would be appropriate to make a Category B interim maintenance assessment, he may revise the interim maintenance assessment which is in force.

    (5) Where the Secretary of State revises an interim maintenance assessment in accordance with paragraph (4) and that interim maintenance assessment was made immediately following a previous interim maintenance assessment, he may also revise that previous interim maintenance assessment.

    (6) Paragraph (1) shall apply neither-



(a) in respect of a material change of circumstances which-


(i) occurred since the date as from which the decision had effect; or

(ii) is expected, according to information or evidence which the Secretary of State has, to occur; nor



(b) where-



(i) an appeal against a decision has been brought but not determined; and

(ii) from the point of view of the appellant, a revision of that decision, if made, would be less to his advantage than the original decision.



    (7) In paragraphs (1), (2) and (6) and regulation 18(3) "decision" means a decision of the Secretary of State under section 11 or 12 of the Act and any supersession of such a decision.

    (8) Paragraph (1) shall apply in relation to-



(a) any decision of the Secretary of State with respect to a reduced benefit direction or a person's liability under section 43 of the Act; and

(b) the supersession of any such decision under section 17 as extended by paragraph 2 of Schedule 4C to the Act,



as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of the Act.

Late applications for a revision
     18.  - (1) The period of one month specified in regulation 17(1)(a) may be extended where the requirements specified in the following provisions of this regulation are met.

    (2) An application for an extension of time shall be made by a relevant person or a person acting on his behalf.

    (3) An application for an extension of time under this regulation shall-



(a) be made within 13 months of the date on which notification of the decision which it is sought to have revised was given or sent; and

(b) contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.



    (4) The application for an extension of time shall not be granted unless the person making the application or any person acting for him satisfies the Secretary of State that-



(a) it is reasonable to grant that application;

(b) the application for a decision to be revised has merit; and

(c) special circumstances are relevant to the application for an extension of time,



and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.

    (5) In determining whether it is reasonable to grant an application for an extension of time, the Secretary of State shall have regard to the principle that the greater the time that has elapsed between the expiration of the period of one month described in regulation 17(1)(a) from the date of notification of the decision which it is sought to have revised and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

    (6) In determining whether it is reasonable to grant the application for an extension of time, no account shall be taken of the following-



(a) that the person making the application for an extension of time or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that a Child Support Commissioner or a court has taken a different view of the law from that previously understood and applied.



    (7) An application under this regulation for an extension of time which has been refused may not be renewed.

Date from which revised decision takes effect
     19. Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Act, the revision shall take effect from the date on which the revised decision would have taken effect had the error not been made.

Supersession of decisions
     20.  - (1) Subject to paragraphs (9) and (10), for the purposes of section 17 of the Act, the cases and circumstances in which a decision ("a superseding decision") may be made under that section are set out in paragraphs (2) to (7).

    (2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative-



(a) where he is satisfied that the decision is one in respect of which there has been a material change of circumstances since the decision was made;

(b) where he is satisfied that the decision was made in ignorance of, or was based upon a mistake as to, some material fact; or

(c) in consequence of a departure direction or of a revision or supersession of a decision with respect to a departure direction.



    (3) Except where paragraph (8) applies, a decision may be superseded by a decision made by the Secretary of State where-



(a) an application is made on the basis that-


(i) there has been a change of circumstances since the decision was made; or

(ii) it is expected that a change of circumstances will occur; and



(b) the Secretary of State is satisfied that the change of circumstances is or would be material.



    (4) A decision may be superseded by a decision made by the Secretary of State where-



(a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b) the Secretary of State is satisfied that the fact is or would be material.



    (5) A decision, other than a decision given on appeal, may be superseded by a decision made by the Secretary of State-



(a) acting on his own initiative where he is satisfied that the decision was erroneous in point of law; or

(b) where an application is made on the basis that the decision was erroneous in point of law.



    (6) An interim maintenance assessment may be superseded by a decision made by the Secretary of State where he receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for a period beginning after the effective date of that interim maintenance assessment.

    (7) Subject to paragraphs (4) and (5) of regulation 17, where the Secretary of State is satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the interim maintenance assessment which is in force, he may make a decision which supersedes the interim maintenance assessment which is in force.

    (8) This paragraph applies-



(a) where any paragraph of regulation 21 applies; and

(b) in the case of a Category A or Category D interim maintenance assessment.



    (9) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

    (10) Paragraphs (2) to (6) shall apply neither in respect of-



(a) a decision to refuse an application for a maintenance assessment; nor

(b) a decision to cancel a maintenance assessment.



    (11) For the purposes of section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, paragraphs (2) to (5) shall apply in relation to-



(a) a decision with respect to a reduced benefit direction or a person's liability under section 43 of the Act; and

(b) any decision of the Secretary of State under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, whether as originally made or as revised under section 16 of the Act as extended by paragraph 1 of Schedule 4C to the Act, as they apply in relation to any decision as to a maintenance assessment save that paragraph (8) shall not apply in respect of such a decision.



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Notes:

[1] 1991 c. 48. Section 28A to 28I of and Schedules 4A and 4B to the Child Support Act 1991 ("the 1991 Act") were inserted by sections 1 and 9 of the Child Support Act 1995 (c. 34); sections 16, 17 and 20 were substituted for sections 16 to 20 of the 1991 Act and Schedule 4C to the 1991 Act was inserted by the Social Security Act 1998 (c. 14).back

[2] S.I. 1996/2907; the relevant amending instruments are S.I. 1998/58 and S.I. 1998/2799.back

[3] S.I. 1992/1813; the relevant amending instruments are S.I. 1993/913, S.I. 1994/227, S.I. 1995/123, S.I. 1995/1045, S.I. 1995/3261, S.I. 1995/3265, S.I. 1996/1345, S.I. 1996/1945, S.I. 1996/2907, S.I. 1996/3196, S.I. 1998/58, S.I. 1998/2799 and S.I. 1999/977.back

[4] 1998 c. 14.back

[5] Regulation 8 was added by way of substitution by S.I. 1995/3261.back

[6] Regulation 8A was added by way of substitution by S.I. 1995/3261 and amended by S.I. 1998/58.back

[7] Regulation 8B was added by way of substitution by S.I. 1995/3261 and amended by S.I. 1998/2799.back

[8] Regulation 8C was added by way of substitution by S.I. 1995/3261.back

[9] Regulation 8D was added by way of substitution by S.I. 1995/3261.back

[10] Regulations 9 and 9A were substituted for regulation 9 by S.I. 1995/3261; regulation 9 was amended by S.I. 1998/58 and S.I. 1998/2799; regulation 9A was amended by S.I. 1998/2799.back

[11] Regulation 10 was amended by S.I. 1994/227, S.I. 1995/123, S.I. 1995/1045, S.I. 1995/3261, S.I. 1996/2907, S.I. 1998/2799 and S.I. 1999/977.back

[12] Section 20 was substituted by section 42 of the Social Security Act 1998 (c. 14).back

[13] Schedule 4C was inserted by the Social Security Act 1998, Schedule 7, paragraph 54.back

[14] Regulation 10A was inserted by S.I. 1998/58.back

[15] Regulations 11 and 13 were amended by S.I. 1995/1045. Regulation 12 was amended by S.I. 1993/913 and S.I. 1995/3261. Regulation 14 was amended by S.I. 1995/1045 and S.I. 1995/3261. Regulation 15 was amended by S.I. 1995/3261. Regulation 15A was inserted by S.I. 1995/3261 and amended by S.I. 1996/1945.back

[16] Regulation 16 was amended by S.I. 1993/913.back

[17] Regulation 16A was inserted by S.I. 1995/3261.back

[18] Amended by S.I. 1993/913, S.I. 1994/227, S.I. 1995/3261, S.I. 1996/2907, S.I. 1996/3196, S.I. 1998/58 and S.I. 1998/2799.back

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