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Regulation 32D Supersession of decisionsF1F2

(1)

For the purposes of section 17 of the Act as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Act and subject to paragraphs (6), (9) and (10), the cases and circumstances in which a decision with respect to a departure direction may be made under that section are set out in paragraphs (2) to (5).

(2)

A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where he is satisfied that–

(a)

there has been a material change of circumstances since the decision was made; or

(b)

the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

(3)

A decision may be superseded by a decision made by the Secretary of State where–

(a)

an application is made on the basis that–

(i)

there has been a change of circumstances since the decision was made; or

(ii)

it is expected that a change of circumstances will occur; and

(b)

the Secretary of State is satisfied that the change of circumstances is or would be material.

(4)

A decision may be superseded by a decision made by the Secretary of State where–

(a)

an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b)

the Secretary of State is satisfied that the fact is or would be material.

(5)

A decision, other than a decision given on appeal, may be superseded by a decision made by the Secretary of State–

(a)

where an application is made on the basis that the decision was erroneous in point of law; or

(b)

acting on his own initiative where he is satisfied that the decision was erroneous in point of law.

(6)

Subject to paragraph (7), paragraphs (2)(a) and (3) shall not apply where, if a decision were to be superseded in accordance with section 17 of the Act, the difference between the current amount and the revised amount would be less than £1.00 per week.

(7)

Paragraph (6) shall not apply where the Secretary of State is satisfied on the information or evidence available to him that a ground on which the decision to be superseded was made no longer applies.

(8)

In paragraph (6) “revised amount” means the amount of child support maintenance which would be fixed if a decision with respect to a maintenance assessment were to be superseded by a decision made by the Secretary of State in accordance with paragraphs (2)(a) and (3) but for the operation of paragraph (6).

(9)

The cases and circumstances in which a decision may be superseded by a decision made by the Secretary of State shall not include any case or circumstance in which a decision may be revised.

(10)

Subject to paragraph (11), paragraphs (2) to (5) shall apply in respect of neither–

(a)

a decision to reject or refuse an application for a departure direction; nor

(b)

a decision to cancel a departure direction.

(11)

Paragraph (10) above shall not apply in a case to which either paragraph (2) or (3) of regulation 35 applies.

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