Social Security Bill

Social Security Bill - continued	House of Commons
PART I, DECISIONS AND APPEALS - continued

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CHAPTER III

OTHER DECISIONS AND APPEALS

Child support

Child support: revision of decisions.

40. For section 16 of the Child Support Act there shall be substituted the following section-

"Revision of decisions.	16. - (1) Any decision of the Secretary of State under section 11, 12 or 17 may be revised by the Secretary of State-
	(a) either within the prescribed period or in prescribed cases or circumstances; and
	(b) either on an application made for the purpose or on his own initiative;
	and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
	(2) In making a decision under subsection (1), 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 him to act on his own initiative.
	(3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
	(4) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
	(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
	(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined."

Child support: decisions superseding earlier decisions.

41. For sections 17 to 19 of the Child Support Act there shall be substituted the following section-

"Decisions superseding earlier decisions.	17. - (1) Subject to subsection (2), the following, namely-
	(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;
	(b) any decision of an appeal tribunal under section 20; and
	(c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b),
	may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
	(2) In making a decision under subsection (1), 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 him to act on his own initiative.
	(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
	(4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
	(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed."

Child support: appeals to appeal tribunals.

42. For sections 20 to 21 of the Child Support Act there shall be substituted the following section-

{d2} The tribunal may, in remitting any case under this subsection, give such directions as it considers appropriate.

"Appeals to appeal tribunals.	20. - (1) Where an application for a maintenance assessment is refused, the person who made that application shall have a right of appeal to an appeal tribunal.
	(2) Where a maintenance assessment is in force-
	(a) the absent parent or person with care with respect to whom it was made; or
	(b) where the application for the assessment was made under section 7, either of them or the child concerned,
	shall have a right of appeal to an appeal tribunal.
	(3) Where a maintenance assessment is cancelled, or an application for the cancellation of a maintenance assessment is refused-
	(a) the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force; or
	(b) where the application for that assessment was made under section 7, either of them or the child concerned,
	shall have a right of appeal to an appeal tribunal.
	(4) A person with a right of appeal under this section shall be given such notice of a decision falling within subsection (1) or (3) and of that right as may be prescribed.
	(5) Where an appeal under this section is allowed, the tribunal shall remit the case to the Secretary of State, who shall deal with it accordingly.
	(6) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.
	(7) In deciding an appeal under this section, an appeal tribunal-
	(a) need not consider any issue that is not raised by the appeal; and
	(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made."

Prepared 27 November 1997