Regulation 23 Date from which a decision is supersededF1

Except in a case to which paragraph (2) F2or (25) applies, where notice is given under regulation 24 in the period which begins 28 days before an application for a supersession is made and ends 28 days after that application is made, the superseding decision of which notice was given under regulation 24 shall take effect as from the first day of the maintenance period in which that application was made.

F3Where a superseding decision is made in a case to which regulation 20(2)(a) applies and—

the decision takes effect from the first day of the maintenance period in which the change occurred.

F4Subject to paragraph (25), where a superseding decision is made in a case to which either paragraph (2)(b) or (5)(a) of regulation 20 applies, the decision shall take effect as from the first day of the maintenance period in which the decision was made.

F5Subject to F6paragraphs (19) and (25) , where a superseding decision is made in a case to which regulation 20(3)(a)(i), (4) or (5)(b) applies, the decision shall take effect as from the first day of the maintenance period in which the application for a supersession was made.

F7Subject to paragraph (25), where a superseding decision is made in a case to which regulation 20(3)(a)(ii) applies, the decision shall take effect as from the first day of the maintenance period in which the change of circumstances is due to occur.

Subject to paragraphs (1), (3) and (14), in a case to which regulation 24 applies, a superseding decision shall take effect as from the first day of the maintenance period in which falls the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

For the purposes of paragraph (6), where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification.

For the purposes of paragraphs (6) and (7)–

Regulation 1(6) shall not apply in a case to which paragraph (8)(c) applies.

F8Subject to paragraph (25), where–

the superseding decision shall take effect as from the date the decision of F10an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner took, or was to take effect.

Any decision given under section 17 of the Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of the Act (restrictions on liability in certain cases of error) shall take effect as from the date of the relevant determination.

F11Subject to paragraph (25), where the Secretary of State supersedes a decision in accordance with regulation 20(6), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State has received the information referred to in that paragraph.

F12Subject to paragraph (25), where the Secretary of State supersedes a decision in accordance with regulation 20(7), the superseding decision shall take effect as from the first day of the maintenance period in which the Secretary of State became satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the maintenance assessment which is in force.

Where a decision is superseded in consequence of a departure direction or a revision or supersession of a decision with respect to a departure direction–

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F15Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is–

the decision shall take effect as from the first day of the maintenance period in which the change occurred.

F17Subject to paragraph (25), where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which F18the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Child Support Commissioner decision would have taken effect had it been decided in accordance with the determination of the F19Upper Tribunal F20or the Child Support Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Act.

Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.

Where a superseding decision is made in a case to which regulation 20(3A) applies and the material circumstance is—

the decision takes effect from the first day of the maintenance period in which the change occurred.

Where—

the effective date of the assessment or assessments is the first day of the maintenance period in which the change of circumstances to which the assessment relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the first day of the maintenance period in which that application was made.

Regulation 21 shall not apply where a superseding decision is made under regulation 20(3) in the circumstances set out in paragraph (19) or (21).

The reference in paragraph (2) to when an absent parent begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.

In paragraph (19), “relevant child” has the same meaning as in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations.

Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.