Search Legislation

Child Support, Pensions and Social Security Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 5

 Help about opening options

Alternative versions:

Changes to legislation:

Child Support, Pensions and Social Security Act 2000, Section 5 is up to date with all changes known to be in force on or before 25 December 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 Section 5:

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):

Commencement Orders yet to be applied to the Child Support, Pensions and Social Security Act 2000

Commencement Orders bringing provisions within this Act into force:

5 Departure from usual rules for calculating maintenance.E+W+S

This section has no associated Explanatory Notes

(1)The 1991 Act shall be amended as follows.

(2)For sections 28A to 28C (which deal respectively with applications for departure directions, their preliminary consideration, and the imposition of a regular payments condition) there shall be substituted—

VariationsE+W+S
28A Application for variation of usual rules for calculating maintenance.

(1)Where an application for a maintenance calculation is made under section 4 or 7, or treated as made under section 6, 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 Secretary of State 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 Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation (or the application treated as having been made under section 6).

(4)A person who applies for a variation—

(a)need not make the application in writing unless the Secretary of State 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.

28B Preliminary consideration of applications.

(1)Where an application for a variation has been duly made to the Secretary of State, he may give it a preliminary consideration.

(2)Where he does so he may, on completing the preliminary consideration, reject the application (and proceed to make his decision on the application for a maintenance calculation without any variation) if it appears to him—

(a)that there are no grounds on which he could agree to a variation;

(b)that he 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 his decision would be made under section 12(1); or

(c)that other prescribed circumstances apply.

28C Imposition of regular payments condition.

(1)Where—

(a)an application for a variation is made by the non-resident parent; and

(b)the Secretary of State makes an interim maintenance decision,

the Secretary of State may also, if he has completed his 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 Secretary of State imposes a regular payments condition, he 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 Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether he 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 Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach his 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 Secretary of State.

(7)Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition he shall give written notice of his 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.

(3)In section 28D (determination of applications)—

(a)for subsection (1) there shall be substituted—

(1)Where an application for a variation has not failed, the Secretary 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 an appeal tribunal for the tribunal to determine what variation, if any, is to be made.;

(b)in each of subsections (2) and (3), for “an application for a departure direction” there shall be substituted “an application for a variation”; and

(c)in subsection (2), in paragraph (a) “lapsed or” shall be omitted, at the end of paragraph (b) “or” shall be inserted, and after that paragraph there shall be inserted—

(c)the Secretary of State has refused to consider it under section 28C(5).

(4)In section 28E (matters to be taken into account)—

(a)in subsections (1), (3) and (4), for “any application for a departure direction” (wherever appearing) there shall be substituted “whether to agree to a variation”; and

(b)in subsection (4)(a), for “a departure direction were made” there shall be substituted “the Secretary of State agreed to a variation”.

(5)For section 28F (departure directions) there shall be substituted—

28F Agreement to a variation.

(1)The Secretary of State may agree to a variation if—

(a)he 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 his 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 Secretary of State—

(a)must have regard, in particular, to the welfare of any child likely to be affected if he 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 Secretary of State shall not agree to a variation (and shall proceed to make his decision on the application for a maintenance calculation without any variation) if he is satisfied that—

(a)he has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that his decision would be made under section 12(1); or

(b)other prescribed circumstances apply.

(4)Where the Secretary of State agrees to a variation, he 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 (including an application treated as having been made); and

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

(5)If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by his 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 Secretary of State shall comply with regulations made under Part II of Schedule 4B.

Commencement Information

I1S. 5 partly in force; s. 5 not in force at Royal Assent see s. 86(2); s. 5 in force for certain purposes at 10.11.2000 by S.I. 2000/2994, art. 2; s. 5 in force for certain further purposes at 3.3.2003 by S.I. 2003/192, art. 3, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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