Child Support Act 1991
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Change 1
16 Revision of decisions
(1) Any decision to which subsection (1A) applies may be revised by the Secretary of State— (a) either within the prescribed period or in prescribed cases or circumstances; and (b) either on an application made for the purpose or on the Secretary of State’s own initiative; and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised. (1A) This subsection applies to— (a) a decision of the Secretary of State under section 11, 12 or 17; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) a decision of the First-tier Tribunal on a referral under section 28D(1)(b). (1B) Where the Secretary of State revises a decision under section 12(1)— (a) the Secretary of State may (if appropriate) do so as if ... revising a decision under section 11; and (b) if the Secretary of State does that, the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20). (2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the Secretary of State to act on the Secretary of State’s own initiative. (3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect. (4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed. (5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised. (6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
16 Revision of decisions
(1) Any decision to which subsection (1A) applies may be revised by the Secretary of State— (a) either within the prescribed period or in prescribed cases or circumstances; and (b) either on an application made for the purpose or on the Secretary of State’s own initiative; and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised. (1A) This subsection applies to— (a) a decision of the Secretary of State under section 11, 12 or 17; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) a decision of the First-tier Tribunal on a referral under section 28D(1)(b). (1B) Where the Secretary of State revises a decision under section 12(1)— (a) the Secretary of State may (if appropriate) do so as if ... revising a decision under section 11; and (b) if the Secretary of State does that, the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20). (2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the Secretary of State to act on the Secretary of State’s own initiative. (3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect. (4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed. (5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised. (6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
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