Reform history

- (a) in subsection (1), after “40” insert “or 49B”,

- (4) In section 45 (notice where re-determination not made timeously), in subsection (1)(a)(ii), after “37” insert “or 49A”.

- (2) In the italic heading immediately preceding section 61, for “*Right to appeal”*substitute “*Appeal against”.*

> (3C) In an appeal under this section, the First-tier Tribunal may—

> (a) uphold the decision,

- (1) The 2018 Act is modified as follows.

> (85G)

> (1) Where a person appointed under section 85A or 85B (or treated as being so appointed as a result of regulations made under [section 85F](#p02578)) uses any funds of the child or (as the case may be) other individual for whom the person is acting—

> (b) in breach of any duty or responsibility arising from that appointment,

> (c) after the person’s appointment is terminated,

> that person is liable to repay those funds to the child or other individual.

> (a) acted reasonably and in good faith, or

> (b) failed to act and the failure was reasonable and in good faith.

[^key-dd4c8a5cc5b91d5b8a247f9390db09d8]: [S. 22](https://www.legislation.gov.uk/asp/2025/2/section/22) in force at 10.5.2025 by [S.S.I. 2025/119](https://www.legislation.gov.uk/ssi/2025/119), [reg. 2](https://www.legislation.gov.uk/ssi/2025/119/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/119/schedule) (with [regs. 4](https://www.legislation.gov.uk/ssi/2025/119/regulation/4), [5](https://www.legislation.gov.uk/ssi/2025/119/regulation/5))

[^key-8c36aad601440dd9f7b3806d768581d6]: [S. 23](https://www.legislation.gov.uk/asp/2025/2/section/23) in force at 10.5.2025 by [S.S.I. 2025/119](https://www.legislation.gov.uk/ssi/2025/119), [reg. 2](https://www.legislation.gov.uk/ssi/2025/119/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/119/schedule) (with [reg. 6](https://www.legislation.gov.uk/ssi/2025/119/regulation/6))