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Child Support Act 1991

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Child Support Act 1991, Section 28C is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F128C Imposition of regular payments condition.U.K.

(1)Where—

(a)an application for a variation is made by the non-resident parent; and

(b)the [F2Secretary of State] makes an interim maintenance decision,

the [F2Secretary of State] may also, if [F2the Secretary of State] has completed [F2a] preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).

(2)The conditions are that—

(a)the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;

(b)the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.

(3)Where the [F3Secretary of State] imposes a regular payments condition, [F3the Secretary of State] shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

(a)the non-resident parent;

(b)all the persons with care concerned; and

(c)if the application for the maintenance calculation was made under section 7, the child who made the application.

(4)A regular payments condition shall cease to have effect—

(a)when the [F4Secretary of State] has made a decision on the application for a maintenance calculation under section 11 (whether [F4the Secretary of State] agrees to a variation or not);

(b)on the withdrawal of the application for a variation.

(5)Where a non-resident parent has failed to comply with a regular payments condition, the [F5Secretary of State] may in prescribed circumstances refuse to consider the application for a variation, and instead reach [F5a] decision under section 11 as if no such application had been made.

(6)The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the [F6Secretary of State].

(7)Where the [F7Secretary of State] determines that a non-resident parent has failed to comply with a regular payments condition [F7the Secretary of State] shall give written notice of [F7the] determination to—

(a)that parent;

(b)all the persons with care concerned; and

(c)if the application for the maintenance calculation was made under section 7, the child who made the application.]

Textual Amendments

F1Ss. 28A-28C substituted for ss. 28A-28C (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)

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