Regulation 32A Revision of decisionsF1F2
England, Wales and Scotland
Subject to paragraphs (2) and (3), a decision of the Secretary of State or any decision upon referral under section 28D(1)(b) of F3the First-tier Tribunal with respect to a departure direction may be revised by the Secretary of State under section 16 of the Act as extended by paragraph 1 of Schedule 4C to the Act–
if the Secretary of State receives an application for the revision of a decision under section 16 of the Act as extended within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 32B;
if–
the Secretary of State notifies a person, who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and
that person reapplies for a decision to be revised within one month of the notification described in head (i) above or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;
if the decision arose from an official error;
if the Secretary of State is satisfied that the original decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and 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;
where a departure direction takes effect in the circumstances described in regulation 35(3); or
if the Secretary of State commences action leading to the revision of a decision within one month of the date of notification of the decision.
Paragraph (1) shall apply neither–
in respect of a material change of circumstances which–
occurred since F4the date on which the decision was made; or
is expected, according to information or evidence which the Secretary of State has, to occur; nor
where–
an appeal against the original decision has been brought but not determined; and
from the point of view of the appellant, a revision, if made, would be less to his advantage than the original decision.
Annotations
Textual amendments
- F1
Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)
- F2
Regs. 32(A)-32(G) inserted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 44
- F3
Words in reg. 32A(1) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 76
- F4
Words in reg. 32A(2)(a)(i) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 12