Child Support Act 1991

Changes over time for: Section 28D

Version Superseded: 25/11/2013

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Point in time view as at 29/07/2013. This version of this provision has been superseded.

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Child Support Act 1991, Section 28D is up to date with all changes known to be in force on or before 14 July 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.

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[F128D Determination of applications.U.K.

[F2(1)Where an application for a variation has not failed, the [F3Secretary of State] 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 [F4the First-tier Tribunal] for the tribunal to determine what variation, if any, is to be made.]

(2)For the purposes of subsection (1), [F5an application for a variation] has failed if—

(a)it has F6... been withdrawn; or

(b)the [F7Secretary of State] has rejected it on completing a preliminary consideration under section 28B; [F8or]

[F8(c)the [F7Secretary of State] has refused to consider it under section 28C(5).]

[F9(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 [F10Secretary of State] that consideration of further information or evidence may affect [F10the] decision under subsection (1)(a) whether or not to agree to a variation.

(2B)Before making the decision under subsection (1)(a) the [F11Secretary of State] must—

(a)consider any such further information or evidence that is available to [F11the Secretary of State], and

(b)where necessary, take such steps as the [F11Secretary of State] considers appropriate to obtain any such further information or evidence.]

(3)In dealing with [F5an application for a variation] which has been referred to it under subsection (1)(b), [F12the First-tier Tribunal] shall have the same powers, and be subject to the same duties[F13, apart from the duty under subsection (2B)], as would the [F14Secretary of State in] dealing with the application.]