# The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003, Regulation 36: Circumstances in which determination need not be reversed, varied, revised or superseded

Extent: E+W+S+N.I.

(1) This regulation applies where, whether fraudulently or otherwise, a person has misrepresented, or failed to disclose, material facts which do not provide a basis for the determination in pursuance of which an amount of child benefit or guardian’s allowance was paid—
(a) in relation to benefit or allowance under the Contributions and Benefits Act, to be revised under section 9 or superseded under section 10 of the Social Security Act 1998;
(b) in relation to benefit or allowance under the Contributions and Benefits (NI) Act, to be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.
(2) Where this regulation applies—
(a) in relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits Act, neither subsection (5) nor (5A) of section 71 of the Administration Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies;
(b) in relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, neither subsection (5) nor (5A) of section 69 of the Administration (NI) Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies.

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Source: https://www.legislation.gov.uk/uksi/2003/492/regulation/36 (the official version)
Page: https://openlegislation.uk/child-benefit-and-guardians-allowance-administration-regulations-2003/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.