# The Child Support (Northern Ireland) Order 1991, Article 25: Appeal to Child Support Commissioner


(1) Any person who is aggrieved by a decision of an appeal tribunal, and the Department, may appeal to a Child Support Commissioner on a question of law.
Para. (1A) rep. by S.I. 1998/1506 (N.I. 10)
(2) Where, on an appeal under this Article, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.
(3) Where a decision is set aside under paragraph (2), the Child Support Commissioner may—
(a) if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by the appeal tribunal;
(b) if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or
(c) on an appeal by the Department, refer the case to an appeal tribunal with directions for its determination; or
(d) on any other appeal, refer the case to the Department or, if he considers it appropriate, to an appeal tribunal with directions for its determination.
(4) The reference under paragraph (3) to the Department shall, subject to any direction of the Child Support Commissioner, be to an officer of the Department, or to a person providing it with services, who has taken no part in the decision originally appealed against.
(5) On a reference under paragraph (3) to an appeal tribunal, the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.
(6) No appeal lies under this Article without the leave—
(a) of the person who constituted, or was the chairman, of the appeal tribunal when the decision appealed against was given or of such other person as may be determined in accordance with regulations made by the Lord Chancellor; or
(b) subject to and in accordance with regulations so made, of a Child Support Commissioner.
(7) The Lord Chancellor may by regulations make provision as to the manner in which and the time within which appeals under this Article are to be brought and applications for leave under this Article are to be made.
(8) Where a question which would otherwise fall to be determined by the Department first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by the Department.

---
Source: https://www.legislation.gov.uk/nisi/1991/2628/article/25 (the official version)
Page: https://openlegislation.uk/child-support-northern-ireland-order-1991/article-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.