Regulation 30 Appeal against a decision which has been replaced or revisedF19F20
England, Wales and Scotland
F1An appeal against a decision of the Secretary of State F2... F3or the Board or an officer of the Board shall not lapse where the decision F4is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act or section 9 before the appeal is determined and the decision as F5replaced or revised is not more advantageous to the appellant than the decision before it was F6replaced or revised.
An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—
the decision is revised under section 9 before the appeal is determined; and
the decision as revised is not more advantageous to the appellant than the decision before it was revised.
Decisions which are more advantageous for the purposes of this regulation include decisions where—
any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;
it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;
as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;
it reverses a decision to pay benefit to a third party;
it reverses a decision under section 29(2) that an accident is not an industrial accident;
in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act M1 or regulations made under any of those sections, or the amount so recoverable is reduced; or
a financial gain accrued or will accrue to the appellant in consequence of the decision.
F8Where a decision as F9replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act or under section 9 is not more advantageous to the appellant than the decision before it was F10replaced or revised, the appeal shall be treated as though it had been brought against the decision as F11replaced or revised.
Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.
After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the F14First-tier Tribunal shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F15... F16or the Board or an officer of the Board further revises hisF17, or revise their, decision and that decision is more advantageous to the appellant than the decision before it was F18replaced or revised.
Annotations
Textual amendments
- F1
Reg. 30(1) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(a)
- F2
Words in reg. 30(1) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(12)
- F3
Words in reg. 30(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(a)
- F4
Words in reg. 30(1) substituted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F5
Words in reg. 30(1) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F6
Words in reg. 30(1) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F7
Reg. 30(2)(dd) added (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(7)
- F8
Reg. 30(3) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(b)
- F9
Words in reg. 30(3) substituted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F10
Words in reg. 30(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F11
Words in reg. 30(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F12
Words in reg. 30(4)(5) omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(c)
- F13
Words in reg. 30(4) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(d) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F14
Words in reg. 30(5) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 119
- F15
Words in reg. 30(5) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(12)
- F16
Words in reg. 30(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(a)
- F17
Words in reg. 30(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(b)
- F18
Words in reg. 30(5) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(e) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
- F19
Words in reg. 30 omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(5)
- F20
Words in reg. 30 inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(a) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)
Marginal citations
- M1
Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c.18).
Notes on Part IV
Textual amendments
- F1
Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )