Part 3Child support etc.

Maintenance calculations

I1I4I716Changes to the calculation of maintenance

Schedule 4 (which makes various changes to the provisions about the calculation of maintenance) has effect.

I2I5I817Power to regulate supersession

In section 17 of the Child Support Act 1991 (c. 48) (decisions superseding earlier decisions), for subsections (2) and (3) substitute—

2

The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).

3

Regulations under subsection (2) may, in particular—

a

make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

b

make provision with respect to the consideration by the F1Secretary of State, when acting under subsection (1), of any issue which has not led to F2the Secretary of State's so acting;

c

make provision with respect to procedure in relation to the exercise of the power under subsection (1).

I3I6I918Determination of applications for a variation

1

Section 28D of the Child Support Act 1991 is amended as follows.

2

After subsection (2) insert—

2A

Subsection (2B) applies if—

a

the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

b

it appears to the F3Secretary of State that consideration of further information or evidence may affect F4the decision under subsection (1)(a) whether or not to agree to a variation.

2B

Before making the decision under subsection (1)(a) the F5Secretary of State must—

a

consider any such further information or evidence that is available to F6the Secretary of State, and

b

where necessary, take such steps as the F5Secretary of State considers appropriate to obtain any such further information or evidence.

3

In subsection (3), after “duties” insert “ , apart from the duty under subsection (2B) ”.

I10I1119Transfer of cases to new rules

Schedule 5 (which makes provision for, and in connection with, enabling the Commission to require existing cases to transfer to the new maintenance calculation rules or to leave the statutory scheme, so far as future accrual of liability is concerned) has effect.