# The Social Security and Child Support (Decisions and Appeals) Regulations 1999, Regulation 6B: Circumstances in which a child support decision may not be superseded

Extent: E+W+S

(1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the Secretary of State, an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner, on an application made under regulation 6A(2)(a), shall not be superseded where the difference between—
(a) the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and
(b) the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,
is less than 5% of the figure in sub-paragraph (a).
(2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation 6A(2)(a) but for the application of this regulation.
(3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.
(4) This regulation shall not apply to a decision under regulation 6A(2)(a) where—
(a) the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;
(b) the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;
(c) the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;
( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ...
(e) the superseding decision takes effect from the dates prescribed in regulation paragraph 4 of Schedule 3D; or
(f) a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.
(5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the Secretary of State may make a superseding decision on the basis that application A was made at the same time as application B.

---
Source: https://www.legislation.gov.uk/uksi/1999/991/regulation/6B (the official version)
Page: https://openlegislation.uk/social-security-and-child-support-decisions-and-appeals-regulations-1999/regulation-6B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.