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The Child Support (Northern Ireland) Order 1991
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Changes over time for: Section 28F
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- 01/01/2006- Amendment
- 27/10/2008- Amendment
- 25/11/2013
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The Child Support (Northern Ireland) Order 1991, Section 28F is up to date with all changes known to be in force on or before 23 February 2025. 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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[F1Agreement to a variationN.I.
28F.—(1) The Department may agree to a variation if—
(a)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 the opinion of the Department 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 Department—
(a)shall have regard, in particular, to the welfare of any child likely to be affected if it did agree to a variation; and
(b)shall, or as the case may be shall not, take any prescribed factors into account, or shall take them into account (or not) in prescribed circumstances.
(3) The Department shall not agree to a variation (and shall proceed to make its decision on the application for a maintenance calculation without any variation) if it is satisfied that—
(a)it has insufficient information to make a decision on the application for the maintenance calculation under Article 13, and therefore that its decision would be made under Article 14(1); or
(b)other prescribed circumstances apply.
(4) Where the Department agrees to a variation, it shall—
(a)determine the basis on which the amount of child support maintenance shall be calculated in response to the application for a maintenance calculation F2...; and
(b)make a decision under Article 13 on that basis.
(5) If the Department has made an interim maintenance decision, that decision shall be treated as having been replaced by the Department’s decision under Article 13, and except in prescribed circumstances any appeal connected with it (under Article 22) shall lapse.
(6) In determining whether or not to agree to a variation, the Department shall comply with regulations made under Part II of Schedule 4B.]
F1S. 28F substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(5), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
F2Words in art. 28F(4)(a) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
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