Appealing against our decisions
Q. What should people do if they think the Statutory Maintenance Service (SMS) has made the wrong decision about how much child maintenance should be paid?
A. If either parent has information, which they think would affect the amount of their child maintenance, they can ask us at any time to look at the decision again.
They can also ask an independent tribunal to look at their case. It may take a long time to come to a result.
Some important points about changing our decision:
- If we, or a tribunal, make a new decision, it may either increase or reduce the amount of child maintenance due
- While a decision is being looked at again or appealed against, it will stay in force. The non-resident parent must still pay child maintenance until the issue is sorted out
Q. Are there any decisions that can't be appealed against?
A. Yes. Parents cannot appeal against administrative decisions about collecting and enforcing child maintenance payments. For example, a decision by us to use a compulsory deduction from earnings order to collect unpaid child maintenance from a non-resident parent. However, they might be able to go to court to challenge such decisions.
They cannot appeal against a decision because they are denying that they are the child's parent. We use a separate process to manage disputes over this.
Our Appeals Section may also decide not to proceed with the appeal if it has no reasonable prospect of success because it is against something that is set out in law, such as the way we work out child maintenance.
Q. Do the people who carry out appeals work for the SMS?
A. No. Appeals are heard by The Appeals Service Northern Ireland (TAS(NI)), a separate organisation from the SMS.
Appeals are heard by a legally qualified member, and sometimes a member who has financial expertise, such as an accountant. Tribunal members are appointed by The Appeals Service, not by us or the Department for Social Development (DSD).
Q. How long do appeals take?
A.There are up to three stages to the appeals process.
Stage 1 - At this stage we will look at the appeal and either:
- Revise the decision ourselves; or
- Submit the appeal to The Appeals Service for action.
This stage will take an average of 12 weeks.
Stage 2 - If The Appeals Service is dealing with the appeal, they will investigate and notify us of their decision.
Stage 3 - Once The Appeals Service has notified us of the Tribunal’s decision, we will revise your child maintenance decision if necessary. This stage will take an average of two weeks.
Q. Does the SMS have to follow the Tribunal's decision?
A. Yes. If the Tribunal changes the decision that was appealed against, the case will be returned to us with their decision. This will include directions (or instructions) on what to do to put the decision right. The new decision may mean that the amount of child maintenance changes and so payments will be either higher or lower.
Q. What happens if the Tribunal decides the original decision was correct?
A. If the Tribunal decides our original decision was correct, then our decision will stand.
Q. What can people do if they disagree with the Tribunal's decision?
A. If the Tribunal followed procedures properly and is legally correct, its decision cannot be changed.
If parents disagree with the Tribunal's decision, there are two ways they can ask for it to be reviewed or changed:
- The decision can be set aside. If documents were not received or were not sent to someone involved in the appeal.
- They can appeal to the Child Support Commissioner, who can overturn a Tribunal's decision if it is wrong in law.
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