# Child Support Act 1991, Section 17: Decisions superseding earlier decisions

Extent: E+W+S

(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(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;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 or the First-tier Tribunal under section 20; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any decision of an appeal tribunal or the First-tier Tribunal on a referral under section 28D(1)(b);
(e) any decision of a Child Support Commissioner or the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),
may be superseded by a decision made by the Commission, either on an application made for the purpose or on the Secretary of State’s own initiative.
(2) The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).
(3) Regulations under subsection (2) may, in particular—
(a) make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;
(b) make provision with respect to the consideration by the Secretary of State, when acting under subsection (1), of any issue which has not led to the Secretary of State's so acting;
(c) make provision with respect to procedure in relation to the exercise of the power under subsection (1).
(4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.
(4A) In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the Secretary of State under section 11 or (if earlier) the Secretary of State’s first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.
(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.
(6) In this section—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);
“Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).

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Source: https://www.legislation.gov.uk/ukpga/1991/48/section/17 (the official version)
Page: https://openlegislation.uk/child-support-act-1991/section-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.