Supercession: The Powers of the CSA to Supersede a Decision

There are many decisions of the CSA that can be superseded. Supersession is however subject to several rules. Situations in which decisions can be superseded include decisions that are wrong for any reason, but the decision was notified to you over one month ago, or something has changed which affects the decision.

Decisions can be superseded either by way of an application to the CSA, or of the CSA’s own volition. A wide variety of decisions that are made by the CSA, JobCentre Plus, the appeals tribunal or commissioner, can be superseded. Decisions include:

• maintenance calculation decisions (including default and interim calculations)
• when the CSA refers a variation application to an appeal tribunal, the tribunal’s decision can be superseded
• departure direction decisions
• decisions to make a reduce benefit decision

Examples of decisions that are Superseded

Generally decisions can be superseded by the CSA if, since the date of the decision, there has been a material change in circumstances. This is either if the change has actually occurred already, or it is expected to occur, and it would have a significant effect on the amount of the calculation. If the changes are ‘expected’ the test is whether the change is based in fact rather than merely being something that could happen or guesswork.) Other decisions capable of supersession can occur if the CSA has received an application to vary the calculation, or if the CSA was wrong in law in the way it came to its decision. It is important to note however that decisions that the CSA makes that are capable of being revised are not capable of being superseded.

Income Changes

The CSA can only supercede a decision in the event that the non-resident parent’s income varies, up or down, by 5% or more. This is known as the ‘net income tolerance level.’ However, this tolerance level does not always apply: for example, in superceding decisions which relate to a non-resident parent going onto, or coming off, benefit, interim maintenance decisions, or on the outcome of a variation application, amongst others.

When Superseding Decisions Come Into Effect

The date on which a superseding decision becomes effective will depend on the circumstances of the case. In general, supersession occurs on the first day of the maintenance period when the decision was made. However, there are exceptions to this rule. Here are some examples:

• if the supersession relates to changes expected to occur, the superseding decision will only take effect on the date on which the change is expected to occur.
• if the CSA has facilitated a supersession of its own volition, the relevant date will be the first day of the maintenance period after the 28 days notification period has expired.
• In the event that the non-resident parent or his or her partner starts claiming benefits and notifies the CSA within a month so that the benefit starts before the CSA are notified, the effective date will be the first day in the period of maintenance in which the benefit starts.