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Section 16 Revision of decisionsF1C1

England, Wales and Scotland

(1)

Any decision F2to which subsection (1A) applies may be revised by the F3Secretary 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 the Secretary of State’s own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(F41A)

This subsection applies to—

(a)

a decision of the F5Secretary of State under section 11, 12 or 17;

F6(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a decision of F7the First-tier Tribunal on a referral under section 28D(1)(b).

(1B)

Where the F8Secretary of State revises a decision under section 12(1)—

(a)

F9the Secretary of State may (if appropriate) do so as if F10... revising a decision under section 11; and

(b)

if F11the Secretary of State does that, the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).

(2)

In making a decision under subsection (1), the F12Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause F13the Secretary of State to act on F14the Secretary of State’s 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 revision 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 F15Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

Annotations

Textual amendments

F1

S. 16 substituted (16.11.1998 for specified purposes, 7.12.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 40, 87(2); S.I. 1998/2780, art. 2(a)(c) (with art. 3) (for transitional provisions see S.I. 1999/1510, art. 48(3)(7))

F2

Words in s. 16(1) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3

Words in s. 16(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(2)

F4

S. 16(1A)(1B) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F5

Words in s. 16(1A) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(3)

F6

S. 16(1A)(b) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)

F7

Words in s. 16(1A)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 78

F8

Words in s. 16(1B) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(4)(a)

F9

Words in s. 16(1B)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(4)(b)

F10

Words in s. 16(1B)(a) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(4)(b)

F11

Words in s. 16(1B)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(4)(c)

F12

Words in s. 16(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(5)(a)

F13

Words in s. 16(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(5)(b)

F14

Words in s. 16(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(5)(c)

F15

Words in s. 16(6) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 11(6)

Modifications

C1

S. 16 applied by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), reg. 3A (as inserted (3.3.2003 for specified purposes) by S.I. 2000/3185, regs. 1, 5; S.I. 2003/192, art. 3(1), Sch)

Notes on the whole Act

Textual amendments

F1

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.