# The Social Security and Child Support (Decisions and Appeals) Regulations 1999, Regulation 3A: Revision of child support decisions

Extent: E+W+S

(1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the Secretary of State—
(a) if the Secretary of State receives an application for the revision of a decision either—
(i) under section 16; or
(ii) by way of an application under section 28G,
of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;
(b) if—
(i) the Secretary of State notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and
(ii) that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;
(c) if the Secretary of State is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;
(cc) if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed by Tribunal Procedure Rules but the appeal has not been determined;
(d) if the Secretary of State commences action leading to the revision of the decision within one month of the date of notification of the decision; or
(e) if the decision arose from an official error; or
(f) if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.
(2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—
(a) occurred since the date on which the decision had effect; or
(b) according to information or evidence which the Secretary of State has, is expected to occur.
(3) In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the Secretary of State under section 11 or 12 of the Child Support Act, or a determination of the First-tier Tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.
(4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.
(5) Where the Secretary of State revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.
(5A) Where—
(a) the Secretary of State makes a decision (“decision A”) and there is an appeal;
(b) there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and
(c) the Secretary of State would have made decision B differently if ... aware of decision C at the time of making decision B,
decision B may be revised at any time.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State not to make a maintenance calculation, as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.
(9) Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the Secretary of State makes a decision under section 12 of the Child Support Act.

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Source: https://www.legislation.gov.uk/uksi/1999/991/regulation/3A (the official version)
Page: https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999/regulation-3A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.