Regulation 4 Revision, supersession and appeal of conversion decisions

(1)

Subject to this Part, where—

(a)

an application is made to the Secretary of State or he acts on his own initiative to revise or supersede a conversion decision; or

(b)

there is an appeal in respect of a conversion decision,

such application, action or appeal shall be decided under the Decisions and Appeals Regulations and except as otherwise provided in paragraph (2), notification shall be given in accordance with regulation 3(3).

(2)

Where the Secretary of State acts in accordance with paragraph (1) he shall notify—

(a)

in relation to regulation 3(3)(c)(i), the subsequent decision amount in place of the new amount; and

(b)

where there has been agreement to a variation or a variation has otherwise been taken into account, the amounts calculated in accordance with the Variations Regulations.

(3)

Where after the calculation date—

(a)

an application is made to the Secretary of State or he acts on his own initiative to revise or supersede a maintenance assessment, an interim maintenance assessment or departure direction; or

(b)

there is an appeal in respect of a maintenance assessment, an interim maintenance assessment or departure direction; and

(c)

such application, action or appeal has been decided in accordance with regulations made under the former Act for the determination of such applications,

the Secretary of State may revise or supersede the conversion decision in accordance with the Decisions and Appeals Regulations.

F1(4)

In their application to a decision referred to in these Regulations, the Decisions and Appeals Regulations shall be modified so as to provide—

(a)

on any revision or supersession of a conversion decision under section 16 or 17 respectively of the Act, that—

(i)

the conversion decision may include a relevant departure direction or relevant property transfer; and

(ii)

the effective date of the revision or supersession shall be as determined under the Decisions and Appeals Regulations or the case conversion date, whichever is the later;

(b)

on any appeal in respect of a conversion decision under section 16 or 17 respectively of the Act, that the time within which the appeal must be brought shall be—

(i)

within the time from the date of notification of the conversion decision against which the appeal is brought, to one month after the case conversion date of that decision; or

(ii)

as determined under the Decisions and Appeals Regulations,

whichever is the later.

(5)

In this Part, for the purposes of any revision or supersession a conversion decision shall include a subsequent decision.

Annotations

Textual amendments

F1: Words in reg. 4(4) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(2)