# The Child Support Maintenance Calculation Regulations 2012, Regulation 17: Grounds for supersession


(1) A decision mentioned in section 17(1) of the 1991 Act may be superseded by a decision of the Secretary of State, on an application or on the Secretary of State’s own initiative, where—
(a) there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;
(b) the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c) the decision was wrong in law (unless it was a decision made on appeal).
(2) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the 1991 Act or where the Secretary of State no longer has jurisdiction by virtue of section 44 of that Act.
(3) A decision may be superseded by a decision made by the Secretary of State where the Secretary of State receives an application for the supersession of a decision by way of an application under section 28G of the 1991 Act (application for a variation where a maintenance calculation is in force).
(4) A decision may not be superseded in circumstances where it may be revised.
(5) A decision to refuse an application for a maintenance calculation may not be superseded.
(6) In making a supersession decision under section 17(1) of the 1991 Act, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the decision to be made on the Secretary of State’s own initiative.
(7) This regulation is subject to any provision in Chapter 4 of this Part (updating gross weekly income) relating to the circumstances in which a supersession decision may be made.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/17 (the official version)
Page: https://openlegislation.uk/draft-child-support-maintenance-calculation-regulations-2012/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.