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Top Decision Making and Appeals topic #3701

Subject: "Child Support - reasons for decisions" First topic | Last topic
Martin Williams
                              

Welfare Rights Advisor, Child Poverty Action Group
Member since
23rd Jul 2008

Child Support - reasons for decisions
Mon 07-Dec-09 05:04 PM

Hi all,

I have been looking at some puzzling child support things. It seems to me that Reg 28 D&A Regs doesn't apply to CS decisions.

Rather, the provisions which govern the requirement to provide notice of decision are Reg 23 of the CS(Maintenance Calculation Procedure) Regs 2000 (SI 2001/157) and Reg 15C of the D&A Regs (SI 1999/991).

However, neither of those provisions have any whiff about them of a right to request written reasons for a decision made by the Commission (or by CSA on behalf of C-MEC). This may well be because they are both far more prescriptive about what should be in the notice than Reg 28 is with respect to DWP benefits etc. So it might be thought no general right to give further reasons is ok.

I need to know as I need to write a summary of the time limits for appealing such decisions- obviously if you can never get written reasons then probably I can leave out all the bits in the Sch to the TP(FtT)(SEC) Rules 2008 which refer to 14 days after reasons etc. from my summary- although it had occurred to me that the Commission could decide to issue further reasons on its own volition and that would change matters.

Any thoughts? (ps - don't worry about responding to this on a CS issue- I'm learning as I go along on this stuff as well- feel far more comfortable looking at things not to do with CSA).

Martin.

  

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