[F128F Agreement to a variation.U.K.
(1)The [F2Secretary of State] may agree to a variation if—
(a)[F3the Secretary of State] 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 [F4the Secretary of State’s] 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 [F5Secretary of State]—
(a)must have regard, in particular, to the welfare of any child likely to be affected if [F6the Secretary of State] 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 [F7Secretary of State] shall not agree to a variation (and shall proceed to make [F8a] decision on the application for a maintenance calculation without any variation) if F9... satisfied that—
(a)[F10the Secretary of State] has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that [F10the] decision would be made under section 12(1); or
(b)other prescribed circumstances apply.
(4)Where the [F11Secretary of State] agrees to a variation, [F11the Secretary of State] 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 F12... ; and
(b)make a decision under section 11 on that basis.
(5)If the [F13Secretary of State] has made an interim maintenance decision, it is to be treated as having been replaced by [F13the Secretary of State’s] decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.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 [F14Secretary of State] shall comply with regulations made under Part II of Schedule 4B.]
Textual Amendments
F1S. 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.
F2Words in s. 28F(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(2)(a)
F3Words in s. 28F(1)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(2)(b)
F4Words in s. 28F(1)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(2)(c)
F5Words in s. 28F(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(3)(a)
F6Words in s. 28F(2)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(3)(b)
F7Words in s. 28F(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(4)(a)
F8Word in s. 28F(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(4)(b)
F9Words in s. 28F(3) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(4)(c)
F10Words in s. 28F(3)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(4)(d)
F11Words in s. 28F(4) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(5)
F12Words 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)
F13Words in s. 28F(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(6)
F14Words in s. 28F(6) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 28(7)
Modifications etc. (not altering text)
C1S. 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