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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 1999, ISBN 011082105X

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Statutory Instrument laid before Parliament under section 80(1) of the Social Security Act 1998 for approval by resolution of each House of Parliament

SOCIAL SECURITY

FAMILY LAW

Child Support

Made 1999

Coming into force in accordance with regulation 1(2)

Whereas a draft of this Instrument was laid before Parliament in accordance with section 80(1) of the Social Security Act 1998f1 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in exercise of powers set out in Schedule 1 to this Instrument and of all other powers enabling him in that behalf, with the concurrence of the Lord Chancellor in so far as the Regulations are made under section 6(3) of the Social Security Act 1998, by this Instrument, which contains only regulations made by virtue of, or consequential upon, those provisions of the Social Security Act 1998 and which is made before the end of the period of six months beginning with the coming into force of those provisionsf2, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992f3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1998 c. 14.

f2

See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).

f3

1992 c. 53.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. 2Service of notices or documents
  4. Part II: REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY
  5. Chapter I: REVISIONS
  6. 3Revision of decisions
  7. 4Late application for a revision
  8. 5Date from which a decision revised under section 9 takes effect
  9. Chapter II: SUPERSESSIONS
  10. 6Supersession of decisions
  11. 7Date from which a decision superseded under section 10 takes effect
  12. 8Effective date for late notifications of change of circumstances
  13. Chapter III: OTHER MATTERS
  14. 9Certificates of recoverable benefits
  15. 10Effect of a determination as to capacity for work
  16. 11Secretary of State to determine certain matters
  17. 12Decision of the Secretary of State relating to industrial injuries benefit
  18. 13Income support and social fund determinations on incomplete evidence
  19. 14Effect of alteration in the component rates of income support and jobseeker’s allowance
  20. 15Jobseeker’s allowance determinations on incomplete evidence
  21. Part III: SUSPENSION, TERMINATION AND OTHER MATTERS
  22. Chapter I: SUSPENSION AND TERMINATION
  23. 16Suspension in prescribed cases
  24. 17Provision of information or evidence
  25. 18Termination in cases of failure to furnish information or evidence
  26. 19Suspension and termination for failure to submit to medical examination
  27. 20Making of payments which have been suspended
  28. Chapter II: OTHER MATTERS
  29. 21Decisions involving issues that arise on appeal in other cases
  30. 22Appeals involving issues that arise in other cases
  31. 23Child support decisions involving issues that arise on appeal in other cases
  32. 24Child support appeals involving issues that arise in other cases
  33. Part IV: RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS
  34. Chapter I: GENERAL
  35. GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS
  36. 25Other persons with a right of appeal
  37. 26Decisions against which an appeal lies
  38. 27Decisions against which no appeal lies
  39. 28Notice of decision against which appeal lies
  40. 29Further particulars required relating to certificate of recoverable benefits appeals or applications
  41. GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS
  42. 30Appeal against a decision which has been revised
  43. 31Time within which an appeal is to be brought
  44. 32Late appeals
  45. 33Making of appeals and applications
  46. 34Death of a party to an appeal
  47. Part V: APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT
  48. Chapter I: THE PANEL AND APPEAL TRIBUNALS
  49. 35Persons appointed to the panel
  50. 36Composition of appeal tribunals
  51. 37Assignment of clerks to appeal tribunals: function of clerks
  52. Chapter II: PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS
  53. 38Consideration and determination of appeals and referrals
  54. 39Directions concerning oral hearings
  55. 40Withdrawal of appeal or referral
  56. 41Medical examination required by appeal tribunal
  57. 42Non-disclosure of medical advice or evidence
  58. 43Summoning of witnesses and administration of oaths
  59. 44Confidentiality in child support appeals or referrals
  60. 45Consideration of more than one appeal under section 20 of the Child Support Act
  61. Chapter III: STRIKING OUT APPEALS
  62. 46Appeals which may be struck out
  63. 47Reinstatement of struck out appeals
  64. 48Misconceived appeals
  65. Chapter IV: ORAL HEARINGS
  66. 49Procedure at oral hearings
  67. 50Manner of providing expert assistance
  68. 51Postponement and adjournment
  69. 52Physical examinations at oral hearings
  70. Chapter V: DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS
  71. APPEAL TRIBUNAL DECISIONS
  72. 53Decisions of appeal tribunals
  73. 54Late applications for a statement of reasons of tribunal decision
  74. 55Record of tribunal proceedings
  75. 56Correction of accidental errors
  76. 57Setting aside decisions on certain grounds
  77. APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)
  78. 58Application for leave to appeal to a Commissioner from an appeal tribunal
  79. Part VI: REVOCATIONS
  80. 59Revocations
  81. Signature
  82. Schedule 1Provisions conferring powers exercised in making these Regulations
  83. Schedule 2: Decisions against which no appeal lies
  84. Child Benefit
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. Claims and Payments
  90. 5Paragraph 5
  91. Contracted Out Pension Schemes
  92. 6Paragraph 6
  93. Decisions depending on other cases
  94. 7Paragraph 7
  95. Deductions
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. European Community Regulations
  99. 10Paragraph 10
  100. Expenses
  101. 11Paragraph 11
  102. Guardian’s Allowance
  103. 12Paragraph 12
  104. Income Support
  105. 13Paragraph 13
  106. Industrial Injuries Benefit
  107. 14Paragraph 14
  108. 15Paragraph 15
  109. 16Paragraph 16
  110. 17Paragraph 17
  111. Invalid Vehicle Scheme
  112. 18Paragraph 18
  113. Jobseeker’s Allowance
  114. 19Paragraph 19
  115. Payments on Account, Overpayments and Recovery
  116. 20Paragraph 20
  117. Persons Abroad
  118. 21Paragraph 21
  119. Reciprocal Agreements
  120. 22Paragraph 22
  121. Social Fund Awards
  122. 23Paragraph 23
  123. Suspension
  124. 24Paragraph 24
  125. Up-rating
  126. 25Paragraph 25
  127. Schedule 3: Qualifications of Persons Appointed to the Panel
  128. Legal Qualifications
  129. 1Paragraph 1
  130. Medical Qualifications
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. Financial Qualifications
  134. 4Paragraph 4
  135. Disability Qualifications
  136. 5Paragraph 5
  137. Schedule 4REVOCATIONS
  138. Explanatory note