(1) An accidental error in a decision of the Department made under the Child Support Order, or in any record of such a decision, may be corrected by the Department at any time.

(2) Such a correction is to be treated as part of that decision or of that record.

(3) The Department must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.

(4) In calculating the time within which an application may be made under regulation 14(1)(a) (grounds for revision) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of the correction was given.

Consideration of revision before appeal

14A

(1) This regulation applies in a case where—

(a) the Department gives a person written notice of a decision; and

(b) that notice includes a statement to the effect that there is a right of appeal against the decision only if the Department has considered an application for a revision of the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under Article 22 against the decision only if the Department has considered on an application whether to revise the decision under Article 18.

(3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 14(1) for making an application for a revision.

(4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Department may treat any purported appeal as an application for revision under Article 18.

(5) In this regulation, “decision” means a decision mentioned in Article 22(1)(a) or (b) (as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000).

Late application for a revision

Effective date of a revision

Assets exceeding a prescribed value

68A

(1) Where this paragraph applies, the other cases prescribed under paragraph 4(1) of Schedule 4B to the Child Support Order are cases where the Department is satisfied that there is an asset in which the non-resident parent has a legal or beneficial interest and the value of that interest exceeds the prescribed value.

(2) In this regulation “asset” means—

(a) money, whether in cash or on deposit, including any money which is due to a non-resident parent where the Department is satisfied that requiring payment of the monies to the non-resident parent immediately would be reasonable;

(b) gold, silver or platinum bullion bars or coins;

(d) land or rights in or over land;

(e) shares within the meaning of section 540 of the Companies Act 2006;

(f) stock or shares within the meaning of section 2 of the Judgements Enforcement (Northern Ireland) Order 1981;

(g) gilt edged securities within the meaning of paragraphs 1 and 1A of Part 1 of Schedule 9 to the Taxation of Chargeable Gains Act 1992; or

(h) a chose in action which has not been enforced on the date of an application for a variation under regulation 55 and where the Department is satisfied that such enforcement would be reasonable.

(3) In this regulation “asset” includes any asset which is subject to a trust where the non-resident parent is a beneficiary.

(4) Paragraph (1) does not apply in the case of any asset which—

(a) has been received by the non-resident parent as compensation for personal injury suffered by the non-resident parent;

(b) is being used in the course of the non-resident parent’s trade or business;

(c) the Department is satisfied could have been purchased from the gross weekly income of the non-resident parent which has been taken into account for the purposes of a maintenance calculation;

(d) will need to be sold in order to meet any additional maintenance payment required as a result of a variation under paragraph 4(1) of Schedule 4B to the Child Support Order where the Department is satisfied that the sale of that asset would cause hardship to a child of the non-resident parent, or would otherwise be unreasonable having taken into account all relevant circumstances; or

(e) is a legal or beneficial interest in land where the land in question is the primary residence of the non-resident parent or any child of the non-resident parent.

(5) The “prescribed value” is £31,250.

(6) In the case of an asset which is subject to a mortgage or charge, the value of that asset will be its value after a deduction is made for any amount owing under the mortgage or charge.

(7) The Department shall calculate the weekly value of an asset by applying the statutory rate of interest to the value of the asset and dividing by 52.

(8) For the purposes of this regulation—

“statutory rate of interest” means interest at the statutory rate prescribed for a judgment debt;

“virtual currency” means a digital representation of value which is not issued by a central bank or a public authority; and is accepted by natural or legal persons as a means of payment; and can be transferred, stored or traded electronically.

Non-resident parent on a flat rate or nil rate with gross weekly income

Diversion of income

Use of electronic communications

2A

The Schedule makes provision for the use of electronic communications.

Meaning of “calculation decision”

Meaning of “latest available tax year”

Calculation – information applicable

Rounding

Service of documents

Authorisation of representative

SCHEDULE — Electronic Communications

PART 1 — Use of Electronic Communications

Use of electronic communications

1

(1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) authorising a representative;

(b) certification;

(d) informing or notifying a person.

Conditions for the use of electronic communications

2

The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(i) legible, and

(ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

3

The Department may use intermediaries in connection with the actions referred to in paragraph 1(2).

PART 2 — Evidential provisions

Proof of delivery

4

(1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Department, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Department, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Department, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Department, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

5

(1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“P”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

6

The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

7

In this Schedule—

“agreed electronic address” means an electronic address agreed in accordance with paragraph 2(a);

“agreed electronic communication” means an electronic communication agreed in accordance with paragraph 2(a);

“agreed form” means the form agreed in accordance with paragraph 2(a);

“agreed purpose” means the purpose agreed in accordance with paragraph 2(a);

“official computer system” means a computer system maintained by or on behalf of the Department for the purposes of these Regulations.

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