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

S.I. 1999/991 · Made 26 March 1999 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2026.

SOCIAL SECURITY

FAMILY LAW

Child Support

Made 26th March 1999

Coming into force in accordance with regulation 1(2)

M1 Whereas a draft of this Instrument was laid before Parliament in accordance with section 80(1) of the Social Security Act 1998 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 provisionsM2, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992M3, hereby makes the following Regulations:C1C2C3

Annotations to the whole text

Marginal citations

M1

1998 c.14 .

M2

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

M3

1992 c.53 .

Modifications

C1

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

C2

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(1), (2)(e), Sch. 1 (with reg. 3)

C3

Instrument modified (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), reg. 6

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement, application and interpretation
  3. 2Service of notices or documents
  4. Part II: REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY AND CHILD SUPPORT
  5. Chapter I: REVISIONS
  6. 3Revision of decisions
  7. 3ZAConsideration of revision before appeal
  8. 3ARevision of child support decisions
  9. 3BConsideration of revision before appeal in relation to certain child support decisions
  10. 4Late application for a revision
  11. 5Date from which a decision revised under section 9 takes effect
  12. 5ADate from which a decision revised under section 16 of the Child Support Act takes effect
  13. Chapter II: SUPERSESSIONS
  14. 6Supersession of decisions
  15. 6ASupersession of child support decisions
  16. 6BCircumstances in which a child support decision may not be superseded
  17. 7Date from which a decision superseded under section 10 takes effect
  18. 7ADefinitions for the purposes of Chapters I and II
  19. 7BEffective date of a supersession decision Date from which a decision superseded under section 17 of the Child Support Act takes effect
  20. 7CProcedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative
  21. 8Effective date for late notifications of change of circumstances
  22. Chapter III: OTHER MATTERS
  23. 9Certificates of recoverable benefits
  24. 9ZAReview of certificates
  25. 9ZBConsideration of review before appeal
  26. 9ACorrection of accidental errors
  27. 10Effect of determination as to capacity or capability for work
  28. 11Secretary of State to determine certain matters
  29. 11AIssues for decision by officers of Inland Revenue
  30. 12Decision of the Secretary of State relating to industrial injuries benefit
  31. 12ARecrudescence of a prescribed disease
  32. 13Income support and social fund determinations on incomplete evidence
  33. 13ARetirement pension after period of deferment
  34. 13BState pension under Part 1 of the Pensions Act 2014 after period of deferment
  35. 14Effect of alteration in the component rates of income support and jobseeker’s allowance
  36. 14ATermination of award of income support, jobseeker’s allowance or employment and support allowance
  37. 15Jobseeker’s allowance determinations on incomplete evidence
  38. 15AProvision of information
  39. 15BProcedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation
  40. 15CNotification of a decision made under section 16 or 17 of the Child Support Act
  41. 15DProcedure in relation to the adjustment of the amount payable under a maintenance calculation
  42. Part III: SUSPENSION, TERMINATION AND OTHER MATTERS
  43. Chapter I: SUSPENSION AND TERMINATION
  44. 16Suspension in prescribed cases
  45. 17Provision of information or evidence
  46. 18Termination in cases of failure to furnish information or evidence
  47. 19Suspension and termination for failure to submit to medical examination
  48. 20Making of payments which have been suspended
  49. Chapter II: OTHER MATTERS
  50. 21Decisions involving issues that arise on appeal in other cases
  51. 22Appeals involving issues that arise in other cases
  52. 23Child support decisions involving issues that arise on appeal in other cases
  53. 24Child support appeals involving issues that arise in other cases
  54. Part IV: RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS
  55. Chapter I: GENERAL
  57. 25Other persons with a right of appeal
  58. 26Decisions against which an appeal lies
  59. 27Decisions against which no appeal lies
  60. 28Notice of decision against which appeal lies
  61. 29Further particulars required relating to certificate of recoverable benefits or, as the case may be, recoverable lump sum payments appeals ...
  62. GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS
  63. 30Appeal against a decision which has been replaced or revised
  64. 30AAppeals to the First-tier Tribunal in child support cases
  65. 31Time within which an appeal is to be brought Repealed
  66. 32Late appeals
  67. 33Notice of Appeal
  68. 34Death of a party to an appeal
  69. Part V: APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT
  70. Chapter I: THE PANEL AND APPEAL TRIBUNALS
  71. 35Persons appointed to the panel
  72. 36Composition of appeal tribunals
  73. 37Assignment of clerks to appeal tribunals: function of clerks
  74. Chapter II: PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS
  75. 38Consideration and determination of appeals and referrals
  76. 38AAppeals raising issues for decision by officers of Inland Revenue
  77. 39Choice of hearing
  78. 40Withdrawal of appeal or referral
  79. 41Medical examination required by appeal tribunal Repealed
  80. 42Non-disclosure of medical advice or evidence
  81. 43Summoning of witnesses and administration of oaths
  82. 44Confidentiality in child support appeals or referrals Repealed
  83. 45Procedure following a referral under section 28D(1)(b) of the Child Support Act Repealed
  84. Chapter III: STRIKING OUT APPEALS
  85. 46Appeals which may be struck out
  86. 47Reinstatement of struck out appeals
  87. 48Misconceived appeals Repealed
  88. Chapter IV: ORAL HEARINGS
  89. 49Procedure at oral hearings
  90. 50Manner of providing expert assistance Repealed
  91. 51Postponement and adjournment
  92. 52Physical examinations at oral hearings Repealed
  93. Chapter V: DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS
  94. APPEAL TRIBUNAL DECISIONS
  95. 53Decisions of appeal tribunals
  96. 54Late applications for a statement of reasons of tribunal decision
  97. 55Record of tribunal proceedings
  98. 56Correction of accidental errors
  99. 57Setting aside decisions on certain grounds
  100. 57AProvisions common to regulations 56 and 57
  101. 57AAService of decision notice by electronic mail
  102. 57BInterpretation of Chapter V
  103. APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)
  104. 58Application for leave to appeal to a Commissioner from an appeal tribunal
  105. 58AAppeal to the Upper Tribunal by a partner
  106. Part VI: REVOCATIONS
  107. 59Revocations
  108. Signature
  109. Schedule 1Provisions conferring powers exercised in making these Regulations
  110. Schedule 2: Decisions against which no appeal lies
  111. Part: Child Benefit
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. Part: Claims and Payments
  117. 5Paragraph 5
  118. Part: Schemes that were Contracted-out Pension Schemes
  119. 6Paragraph 6
  120. Part: Decisions depending on other cases
  121. 7Paragraph 7
  122. Part: Deductions
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. Part: European Community Regulations
  126. 10Paragraph 10
  127. Part: Expenses
  128. 11Paragraph 11
  129. Part: Guardian’s Allowance
  130. 12Paragraph 12
  131. Part: Income Support
  132. 13Paragraph 13
  133. Part: State pension credit
  134. 13AParagraph 13A
  135. Part: Industrial Injuries Benefit
  136. 14Paragraph 14
  137. 15Paragraph 15
  138. 16Paragraph 16
  139. 17Paragraph 17
  140. Part: Invalid Vehicle Scheme
  141. 18Paragraph 18
  142. Part: Jobseeker’s Allowance
  143. 19Paragraph 19
  144. Part: Loss of Benefit for Breach of Community Order
  145. 19AParagraph 19A Repealed
  146. Part: Payments on Account, Overpayments and Recovery
  147. 20Paragraph 20
  148. 20AParagraph 20A
  149. Part: Persons Abroad
  150. 21Paragraph 21
  151. Part: Reciprocal Agreements
  152. 22Paragraph 22
  153. Part: Social Fund Awards
  154. 23Paragraph 23
  155. Part: Suspension
  156. 24Paragraph 24
  157. Part: Up-rating
  158. 25Paragraph 25
  159. 26Paragraph 26
  160. Part: Loss of benefit
  161. 27Paragraph 27
  162. Schedule 3: Qualifications of Persons Appointed to the Panel
  163. Part
  164. Legal Qualifications
  165. 1Paragraph 1
  166. Medical Qualifications
  167. 2Paragraph 2
  168. 3Paragraph 3
  169. Financial Qualifications
  170. 4Paragraph 4
  171. Disability Qualifications
  172. 5Paragraph 5
  173. Schedule 3ASchedule 3A
  174. 1Income Support
  175. 2Paragraph 2
  176. 3Paragraph 3
  177. 4Paragraph 4
  178. 5Paragraph 5
  179. 6Paragraph 6
  180. 7Jobseeker’s Allowance
  181. 8Paragraph 8
  182. 9Paragraph 9
  183. 10Paragraph 10
  184. 11Paragraph 11
  185. 12Changes other than changes of circumstances
  186. 13Changes other than changes of circumstances
  187. Schedule 3B: DATE ON WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO STATE PENSION CREDIT
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 2AParagraph 2A
  191. 3Paragraph 3
  192. 4Paragraph 4
  193. 5Paragraph 5
  194. 6Paragraph 6
  195. 7Paragraph 7
  196. 8Paragraph 8
  197. 8AParagraph 8A
  198. 11Paragraph 11
  199. Schedule 3C: DATE FROM WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO EMPLOYMENT AND SUPPORT ALLOWANCE
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. 6Paragraph 6
  206. 7Paragraph 7
  207. Changes other than changes of circumstances
  208. 8Paragraph 8
  209. 9Paragraph 9
  210. 10Paragraph 10
  211. Schedule 3D: EFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS
  212. 1Paragraph 1
  213. 2Expected change
  214. 3Decision backdated to when the change occurred
  215. 3ADecision backdated to when the change occurred
  216. 4Non-resident parent or partner on or off benefit Repealed
  217. 5New qualifying child
  218. 6Paragraph 6
  219. 7Paragraph 7
  220. 8Series of changes waiting to be actioned
  221. 9Own initiative decision
  222. 10Supersession of tribunal decision made pending outcome of a related appeal
  223. 11Supersession of tribunal decision made in error due to misrepresentation etc.
  224. 12Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
  225. Schedule 4REVOCATIONS
  226. Explanatory note