134.This section provides for the setting aside of appeal tribunal decisions and the reconsideration of the appeal by the tribunal. It sets out the circumstances in which this can happen and the procedure to be followed.
135.New section 23A(1) provides that the section applies when there is an application for leave to appeal to a Commissioner from a decision of a tribunal on a question of law.
136.New section 23A(2) allows the person who constituted the tribunal, or otherwise a tribunal chairman to set aside the tribunal decision if he decides it was wrong on a point of law. He can then either refer it for redetermination by the same tribunal or a different one.
137.New section 23A(3) provides that a tribunal decision shall be set aside if each of the principal parties accepts that it was wrong in law. Such a case is to be referred for determination by a different tribunal.
138.New section 23A(4) defines the “principal parties” to an appeal. They are the Secretary of State, and the qualifying persons referred to in section 20(2) of the 1991 Act (section 10). The qualifying persons are the person with care and the non-resident parent. And where the application for a maintenance calculation has been made under section 7 of the 1991 Act (a child in Scotland) the person with care, the principal parties are the non-resident parent and the child concerned. In the case of an appeal relating to financial penalties or fees, they are the person liable to make payment and in the case of a reduced benefit direction they are the person in respect of whom the benefit is payable.
Part 1: Child Support. Commentary on Sections Part II: Regulatory controls New section 23A: Redetermination of appeals