# The Social Security and Child Support (Decisions and Appeals) Regulations 1999, Regulation 15B: Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation

Extent: E+W+S

(1) Subject to paragraph (3), where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, the Secretary of State—
(a) shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);
(b) may invite representations, which need not be in writing but shall be in writing if in any case the Secretary of State so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the Secretary of State within 14 days of notification or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and
(c) shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations.
(2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is—
(a) details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11 of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the Secretary of State is satisfied that disclosure is not necessary in order to be able to determine the application;
(b) medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the Secretary of State considers would be harmful to the health of the applicant or that relevant person if disclosed to him;
(c) the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the Secretary of State considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed.
(3) The Secretary of State need not act in accordance with paragraph (1) if—
(a) satisfied on the information or evidence available that a variation of the maintenance calculation in force will not be agreed, but if, on further consideration the Secretary of State is minded to do so the Secretary of State shall, before doing so, comply with the provisions of this regulation; and
(b) 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.
(4) Where the Secretary of State receives representations from the relevant persons the Secretary of State—
(a) may, if the Secretary of State considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments to be provided within 14 days or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and
(b) where the Secretary of State acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until the Secretary of State has received such comments or the period referred to in sub-paragraph (a) has expired.
(5) Where the Secretary of State has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, the Secretary of State may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.
(6) In considering an application for a revision or supersession the Secretary of State shall take into account any representations received at the date upon which the Secretary of State makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).
(7) Where any information or evidence requested by the Secretary of State under regulation 15A is received after notification has been given under paragraph (1), the Secretary of State may, if the Secretary of State considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the Secretary of State so directs in any particular case, on that information or evidence.
(8) Where the Secretary of State is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, the Secretary of State shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.
(9) In this regulation “relevant person" means—
(a) a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;
(b) a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.

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Source: https://www.legislation.gov.uk/uksi/1999/991/regulation/15B (the official version)
Page: https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999/regulation-15B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.