OpenLegislation

Regulation 60 Procedure on revision or supersession of a previously determined variationI1

Northern Ireland

(1)

Subject to paragraph (2), where the Department has received an application under Article 18 or 19f1 in connection with a previously determined variation which has effect on a maintenance calculation in force, regulations 57 to 59 apply in relation to that application as if it were an application for a variation that had not been rejected after preliminary consideration.

(2)

The Department need not act in accordance with regulation 58(1) if—

(a)

were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded; or

(b)

it appears to the Department that representations of the other party would not be relevant to the decision.

Annotations

Commencement

I1

Reg. 60 comes into force in accordance with reg. 1

Footnotes

f1

Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008 and Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008