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Circumstances in which a decision may not be superseded
     21.  - (1) A decision of the Secretary of State shall not be superseded in any of the circumstances specified in the following paragraphs of this regulation.

    (2) Except where paragraph (3) or (4) applies and subject to paragraph (5) and regulation 22, this paragraph applies where the difference between-

(a) the amount of child support maintenance ("the amount") fixed in accordance with the original decision; and

(b) the amount which would be fixed in accordance with a superseding decision,

is less than £10.00 per week.

    (3) Subject to paragraph (5), this paragraph applies where the circumstances of the absent parent are such that the provisions of paragraph 6 of Schedule 1 to the Act would apply and either-

(a) the amount fixed in accordance with the original decision is less than the amount that would be fixed in accordance with a superseding decision and the difference between the two amounts is less than £5.00 per week; or

(b) the amount fixed in accordance with the original decision is more than the amount that would be fixed in accordance with the superseding decision and the difference between the two amounts is less than £1.00 per week.

    (4) Subject to paragraph (5), this paragraph applies where-

(a) the children, in respect of whom child support maintenance would be fixed in accordance with a superseding decision, are not the same children for whom child support maintenance was fixed in accordance with the original decision; and

(b) the difference between-


(i) the amount of child support maintenance ("the amount") fixed in accordance with the original decision; and

(ii) the amount which would be fixed in accordance with a superseding decision, is less than £1.00 per week.

    (5) This regulation shall not apply where-

(a) the absent parent is, by virtue of paragraph 5(4) of Schedule 1 to the Act, to be taken for the purposes of that Schedule to have no assessable income;

(b) the case falls within paragraph 7(2) of Schedule 1 to the Act; or

(c) it appears to the Secretary of State that the case no longer falls within paragraph 5(4) of Schedule 1 to the Act.

    (6) In this regulation-

"original decision" means the decision which would be superseded but for the application of this regulation; and

"superseding decision" means a decision which would supersede the original decision but for the application of this regulation.

Special cases and circumstances for which regulation 21 is modified
     22. Where an application is made for a supersession on the basis of a change of circumstances which is relevant to more than one maintenance assessment, regulation 21 shall apply with the following modifications-

(a) before the word "amount" in each place it occurs there shall be inserted the word "aggregate"; and

(b) for the word "decision" in each place it occurs there shall be substituted the word "decisions".

Date from which a decision is superseded
     23.  - (1) Except in a case to which paragraph (2) applies, where notice is given under regulation 24 in the period which begins 28 days before an application for a supersession is made and ends 28 days after that application is made, the superseding decision of which notice was given under regulation 24 shall take effect as from the first day of the maintenance period in which that application was made.

    (2) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 20(2)(a) applies on the basis of evidence or information which was also the basis of a decision made under section 9 or 10 of the Social Security Act 1998 the superseding decision under section 17 shall take effect as from the first day of the maintenance period in which that evidence or information was first brought to the attention of an officer exercising the functions of the Secretary of State under the Act.

    (3) Where a superseding decision is made in a case to which either paragraph (2)(b) or (5)(a) of regulation 20 applies, the decision shall take effect as from the first day of the maintenance period in which the decision was made.

    (4) Where a superseding decision is made in a case to which regulation 20(3)(a)(i), (4) or (5)(b) applies, the decision shall take effect as from the first day of the maintenance period in which the application for a supersession was made.

    (5) Where a superseding decision is made in a case to which regulation 20(3)(a)(ii) applies, the decision shall take effect as from the first day of the maintenance period in which the change of circumstances is due to occur.

    (6) Subject to paragraphs (1), (3) and (14), in a case to which regulation 24 applies, a superseding decision shall take effect as from the first day of the maintenance period in which falls the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

    (7) For the purposes of paragraph (6), where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification.

    (8) For the purposes of paragraphs (6) and (7)-

(a) notification includes oral and written notification;

(b) where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(c) the date of written notification is the date on which it was handed or sent to the person.

    (9) Regulation 1(6) shall not apply in a case to which paragraph (8)(c) applies.

    (10) Where-

(a) a decision made by an appeal tribunal under section 20 of the Act or by a Child Support Commissioner is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b) the Secretary of State 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 shall take effect as from the date the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner took, or was to take effect.

    (11) Any decision given under section 17 of the Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of the Act[19] (restrictions on liability in certain cases of error) shall take effect as from the date of the relevant determination.

    (12) Where the Secretary of State supersedes a decision in accordance with regulation 20(6), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State has received the information referred to in that paragraph.

    (13) Where the Secretary of State supersedes a decision in accordance with regulation 20(7), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State became satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the maintenance assessment which is in force.

    (14) Where a decision is superseded in consequence of a departure direction or a revision or supersession of a decision with respect to a departure direction-

(a) paragraph (6) above shall not apply; and

(b) the superseding decision shall take effect as from the date on which the departure direction or, as the case may be, the revision or supersession, took effect.

    (15) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 41(a), the superseding decision shall have effect as from-

(a) where the direction is in operation immediately before it ceases to be in force, the last day of the benefit week during the course of which the parent concerned complied with the obligations imposed by section 6 of the Act; or

(b) where the direction is suspended immediately before it ceases to be in force, the date on which the parent concerned complied with the obligations imposed by section 6 of the Act.

    (16) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 41(b), the superseding decision shall have effect as from-

(a) where the direction is in operation immediately before it ceases to be in force, the last day of the benefit week during the course of which the application under regulation 41(b) was made; or

(b) where the direction is suspended immediately before it ceases to be in force, the date on which the application under regulation 41(b) was made.

    (17) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 41(c) or (d), the superseding decision shall have effect as from-

(a) where the direction is in operation immediately before it ceases to be in force, the last day of the benefit week during the course of which the Secretary of State is supplied with information that enables him to make the assessment;

(b) where the direction is suspended immediately before it ceases to be in force, the date on which the Secretary of State is supplied with information that enables him to make the assessment.

    (18) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 47(1), the superseding decision shall have effect as from the last day of the benefit week preceding the benefit week on the first day of which, in accordance with the provisions of regulation 36(4), the further direction comes into operation, or would come into operation but for the provisions of regulation 40 or 40ZA.

Procedure where the Secretary of State proposes to supersede a decision on his own initiative
     24. Where the Secretary of State on his own initiative proposes to make a decision superseding a decision other than in consequence of a decision with respect to a departure direction or a revision or supersession of such a decision he shall notify the relevant persons who could be materially affected by the decision of that intention.".

Amendment of regulation 30
     17. In paragraphs (2A) and (4) of regulation 30[20] (effective dates of new maintenance assessments), for the words "a child support officer" in each place in which they occur there shall be substituted the words "the Secretary of State".

Amendment of regulation 30A
     18. In regulation 30A[21] (effective dates of new maintenance assessments in particular cases)-

(a) in paragraphs (2), (4)(c) and (6), for the words "a child support officer" in each place in which they occur there shall be substituted the words "the Secretary of State";

(b) in paragraph (5), for the words "a child support officer" there shall be substituted the word "him".

Revocation of regulations 31 to 31C
     19. Regulations 31 to 31C[22] are hereby revoked.

Amendment of regulation 32
     20. In regulation 32 (cancellation of a maintenance assessment)-

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

(b) for the words "the child support officer" there shall be substituted the word "he".

Amendment of regulation 32A
     21. In regulation 32A[23] (cancellation of maintenance assessments made under section 7 of the Act where the child is no longer habitually resident in Scotland)-

(a) in paragraph (1), for the words "a child support officer" 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 32B
     22. In regulation 32B[24] (notification of intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Act), for the words "a child support officer" in each place in which they occur there shall be substituted the words "the Secretary of State".

Amendment of regulation 33
     23. In regulation 33(3)[25] (maintenance periods), for the words from "following a review under section 16" to the words "17, 18 or 19 of the Act" there shall be substituted the words "made upon the supersession of a decision under section 17 of the Act".

Substitution of regulation 35
     24. For regulation 35[26] (periods for compliance with obligations imposed by section 6 of the Act) there shall be substituted-

" Periods for compliance with obligations imposed by section 6 of the Act
     35. The period specified for the purposes of section 46(2) of the Act is-


(a) except where paragraph (b) applies, four weeks from the date on which the Secretary of State serves notice under that subsection; or

(b) eight weeks from that date where the Secretary of State has received, within two weeks of serving that notice, a statement in writing from the parent with care which sets out the reasons why she believes that, if she were to be required to comply with an obligation imposed by section 6 of the Act, there would be a risk, as a result of that compliance, of her or any child or children living with her suffering harm or undue distress.".

Amendment of regulation 35A
     25. In regulation 35A[27] (circumstances in which a reduced benefit direction shall not be given), for the words "A child support officer" there shall be substituted the words "The Secretary of State".

Amendment of regulation 36
     26. In regulation 36[28] (amount of and period of reduction of relevant benefit under a reduced benefit direction)-

(a) in paragraph (4), for the words "the adjudication officer" there shall be substituted the words "the Secretary of State";

(b) in paragraph (5C), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Amendment of regulation 38
     27. In regulation 38 (suspension of a reduced benefit direction when relevant benefit ceases to be payable), in paragraph (6), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Substitution of regulations 41 to 46
     28. For regulations 41 to 46[29] there shall be substituted the following regulation-

"

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Notes:

[19] Section 28ZC was inserted by section 44 of the Social Security Act 1998 (c. 14).back

[20] The relevant amending instrument is S.I. 1995/1045.back

[21] Regulation 30A was inserted by S.I. 1995/3261 and the relevant amending instrument is S.I. 1996/3196.back

[22] Regulations 31 to 31C were added by way of substitution by S.I. 1995/3261. Regulations 31 and 31C were amended by S.I. 1996/1945.back

[23] Regulation 32A was inserted by S.I. 1993/913.back

[24] Regulation 32B was inserted by S.I. 1995/3261 and S.I. 1995/3265.back

[25] Regulation 33 was amended by S.I. 1998/2799.back

[26] Regulation 35 was substituted by S.I. 1996/1945.back

[27] Regulation 35A was inserted by S.I. 1995/3261 and amended by S.I. 1996/1345.back

[28] The relevant amendments are S.I. 1995/1045, S.I. 1996/1945 and S.I. 1996/1345.back

[29] Regulation 42 was amended by S.I. 1993/913 and S.I. 1995/1045.back

[30] Regulation 47 was amended by S.I. 1996/1345 and S.I. 1996/1945.back

[31] Regulation 57 was added by S.I. 1993/913.back

[32] Schedule 2 was amended by S.I. 1993/913 and S.I. 1998/58.back

[33] Regulation 11A was inserted by S.I. 1998/58 and amended by S.I. 1998/2799.back

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