Search Legislation

Advanced Search

Child Support Act 1991

Changes to legislation:

Child Support Act 1991, Section 28F is up to date with all changes known to be in force on or before 11 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[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.

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: