Child Support Act 1991

[F1 Variations U.K.

Textual Amendments

F1 Ss. 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.

28A Application for variation of usual rules for calculating maintenance. U.K.

(1) Where an application for a maintenance calculation is made under section 4 or 7 F2 ... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the [F3 Commission] for the rules by which the calculation is made to be varied in accordance with this Act.

(2) Such an application is referred to in this Act as an “application for a variation”.

(3) An application for a variation may be made at any time before the [F3 Commission] has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation F4 ... .

(4) A person who applies for a variation—

(a) need not make the application in writing unless the [F3 Commission] directs in any case that he must; and

(b) must say upon what grounds the application is made.

(5) In other respects an application for a variation is to be made in such manner as may be prescribed.

(6) Schedule 4A has effect in relation to applications for a variation.]

Textual Amendments

F2 Words in s. 28A(1) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F3 Word in s. 28A substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 25; S.I. 2008/2675, art. 3(b) (with art. 4)

F4 Words in s. 28A(3) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications etc. (not altering text)

C1 S. 28A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 3

[F1 28B Preliminary consideration of applications. U.K.

(1) Where an application for a variation has been duly made to the [F5 Commission], [F6 it] may give it a preliminary consideration.

(2) Where [F7 the Commission] does so [F8 it] may, on completing the preliminary consideration, reject the application (and proceed to make [F9 its] decision on the application for a maintenance calculation without any variation) if it appears to [F10 the Commission]—

(a) that there are no grounds on which [F8 it] could agree to a variation;

(b) that [F8 it] has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that [F9 its] decision would be made under section 12(1); or

(c) that other prescribed circumstances apply.]

Textual Amendments

F5 Word in s. 28B(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(2)(a); S.I. 2008/2675, art. 3(b)

F6 Word in s. 28B(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(2)(b); S.I. 2008/2675, art. 3(b)

F7 Words in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(a); S.I. 2008/2675, art. 3(b)

F8 Word in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(b); S.I. 2008/2675, art. 3(b)

F9 Word in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(c); S.I. 2008/2675, art. 3(b)

F10 Words in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(d); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C2 S. 28B modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 4

[F1 28C 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 [F11 Commission] makes an interim maintenance decision,

the [F11 Commission] may also, if [F12 it] has completed [F13 its] 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 [F14 Commission] imposes a regular payments condition, [F15 it] 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 [F14 Commission] has made a decision on the application for a maintenance calculation under section 11 (whether [F15 it] 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 [F14 Commission] may in prescribed circumstances refuse to consider the application for a variation, and instead reach [F16 its] 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 [F14 Commission].

(7) Where the [F14 Commission] determines that a non-resident parent has failed to comply with a regular payments condition [F15 it] shall give written notice of [F16 its] 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

F11 Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(a); S.I. 2008/2675, art. 3(b)

F12 Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(b); S.I. 2008/2675, art. 3(b)

F13 Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(c); S.I. 2008/2675, art. 3(b)

F14 Word in s. 28C(3)-(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(a); S.I. 2008/2675, art. 3(b)

F15 Word in s. 28C(3)(4)(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(b); S.I. 2008/2675, art. 3(b)

F16 Word in s. 28C(5)(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(c); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C3 S. 28C modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 5

[F17 28D Determination of applications. U.K.

[F18 (1) Where an application for a variation has not failed, the [F19 Commission] shall, in accordance with the relevant provisions of, or made under, this Act—

(a) either agree or not to a variation, and make a decision under section 11 or 12(1); or

(b) refer the application to [F20 the First-tier Tribunal] for the tribunal to determine what variation, if any, is to be made.]

(2) For the purposes of subsection (1), [F21 an application for a variation] has failed if—

(a) it has F22 ... been withdrawn; or

(b) the [F19 Commission] has rejected it on completing a preliminary consideration under section 28B; [F23 or]

[F23 (c) the [F19 Commission] has refused to consider it under section 28C(5).]

(3) In dealing with [F21 an application for a variation] which has been referred to it under subsection (1)(b), [F24 the First-tier Tribunal] shall have the same powers, and be subject to the same duties, as would the [F19 Commission] if [F25 it] were dealing with the application.]

Textual Amendments

F17 S. 28D inserted (2.12.1996) by Child Support Act 1995 (c. 34), ss. 4, 30(4); S.I. 1996/2630, art. 2, Sch. Pt. 2

F18 S. 28D(1) substituted (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(3)(a), 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.

F19 Word in s. 28D substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 28(a); S.I. 2008/2675, art. 3(b)

F20 Words in s. 28D(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 91(a)

F21 Words in s. 28D(2)(3) substituted (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(3)(b), 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.

F22 Words in s. 28D(2)(a) repealed (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(3)(c), 86(1)(a)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F23 S. 28D(2)(c) and preceding word inserted (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(3)(c), 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.

F24 Words in s. 28D(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 91(a)

F25 Word in s. 28D substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 28(b); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C4 S. 28D modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(1)

[F26 28E Matters to be taken into account. U.K.

(1) In determining [F27 whether to agree to a variation], the [F28 Commission] shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.

(2) The general principles are that—

(a) parents should be responsible for maintaining their children whenever they can afford to do so;

(b) where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

(3) In determining [F27 whether to agree to a variation], the [F28 Commission] shall take into account any representations made to [F29 it]—

(a) by the person with care or [F30 non-resident parent] concerned; or

(b) where the application for the current [F31 calculation] was made under section 7, by either of them or the child concerned.

(4) In determining [F27 whether to agree to a variation], no account shall be taken of the fact that—

(a) any part of the income of the person with care concerned is, or would be if [F32 the [F28 Commission] agreed to a variation], derived from any benefit; or

(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

(5) In this section “benefit” has such meaning as may be prescribed.]

Textual Amendments

F26 S. 28E inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 5, 30(4); S.I. 1996/2630, art. 2, Sch. Pts. 1, 2

F27 Words in s. 28E(1)(3)(4) substituted (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(4)(a), 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.

F28 Word in s. 28E substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 29(a); S.I. 2008/2675, art. 3(b)

F29 Word in s. 28E substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 29(b); S.I. 2008/2675, art. 3(b)

F30 Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.

F31 Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F32 Words in s. 28E(4)(a) substituted (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(4)(b), 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)

C5 S. 28E modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(2)

[F33 28F Agreement to a variation. U.K.

(1) The [F34 Commission] may agree to a variation if—

(a) [F35 it] is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and

(b) it is [F36 its] opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.

(2) In considering whether it would be just and equitable in any case to agree to a variation, the [F34 Commission]—

(a) must have regard, in particular, to the welfare of any child likely to be affected if [F35 it] did agree to a variation; and

(b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.

(3) The [F34 Commission] shall not agree to a variation (and shall proceed to make [F36 its] decision on the application for a maintenance calculation without any variation) if [F35 it] is satisfied that—

(a) [F35 it] has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that [F36 its] decision would be made under section 12(1); or

(b) other prescribed circumstances apply.

(4) Where the [F34 Commission] agrees to a variation, [F35 it] shall—

(a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation F37 ... ; and

(b) make a decision under section 11 on that basis.

(5) If the [F34 Commission] has made an interim maintenance decision, it is to be treated as having been replaced by [F36 its] decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.

(6) In determining whether or not to agree to a variation, the [F34 Commission] shall comply with regulations made under Part II of Schedule 4B.]

Textual Amendments

F33 S. 28F substituted (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(5), 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.

F34 Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F35 Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F36 Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(c); S.I. 2008/2675, art. 3(b) (with art. 4)

F37 Words in s. 28F(4)(a) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications etc. (not altering text)

C6 S. 28F modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 7

[F38 28G Variations: revision and supersession. U.K.

(1) An application for a variation may also be made when a maintenance calculation is in force.

(2) The Secretary of State may by regulations provide for—

(a) sections 16, 17 and 20; and

(b) sections 28A to 28F and Schedules 4A and 4B,

to apply with prescribed modifications in relation to such applications.

(3) The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.]

Textual Amendments

F38 S. 28G substituted (10.11.2000 for specified purposes, 1.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 7, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pts. 1, 2; S.I. 2003/192, art. 3, Sch.

F39 28H Departure directions: decisions and appeals U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 S. 28H repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(14), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F40 28I Transitional provisions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 S. 28I repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(14), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.