124.New section 20(1) sets out who may appeal and the decisions that they may appeal against. An appeal may be brought by any qualifying person. Subsection (2) provides a definition of this term. Decisions which can be appealed are:
125.New section 20(2) provides the definition of “qualifying person” for the purpose of subsection (1) of this section. A qualifying person is:
126.New section 20(3) provides that anyone with a right of appeal against a decision or imposition of a requirement must be told of this right.
127.New sections 20(4) and (5) provide for regulations to specify how, and within what time, an appeal must be brought. As now, it is intended that there will be a one-month time limit for bringing an appeal, which can be extended at the tribunal's discretion if there was good cause for failing to appeal sooner.
128.New section 20(6) provides that the time to appeal against a decision to reduce benefit runs from the date that the reduction in benefit is notified.
129.New section 20(7) provides that the tribunal cannot consider changes in circumstances which happened after the date of the decision and need not look at any issue not raised when the decision was made. This is the same as for social security benefit appeals.
130.New section 20(8) provides for the way that a tribunal can decide the appeal if it is allowed. The tribunal can either:
Part 1: Child Support. Commentary on Sections Part II: Regulatory controls New section 20: Appeals to appeal tribunals