Modification of Articles 28A to 28F and Schedules 4A and 4B2
1
Where an application for a variation is made under Article 28G, Articles 28A to 28F and Schedules 4A and 4B3 shall apply subject to the modifications provided for in paragraphs (2) to (8).
2
In Article 28A (application for variation of usual rules for calculating maintenance)—
a
in paragraph (1) for “Where an application for a maintenance calculation is made under Article 7, or treated as made under Article 9” there shall be substituted “Where a maintenance calculation other than an interim maintenance decision is in force”; and
b
paragraph (3) shall be omitted.
3
In Article 28B(2) (preliminary consideration of applications)—
a
for “(and proceed to make its decision on the application for a maintenance calculation without any variation)” there shall be substituted “(and proceed to revise or supersede a decision under Article 18 or 194 respectively without taking the variation into account, or not revise or supersede a decision under Article 18 or 19)”; and
b
sub-paragraph (b) shall be omitted.
4
In Article 28C (imposition of regular payments condition)—
a
in paragraph (1) sub-paragraph (b) and the word “also” shall be omitted;
b
in paragraph (2)(a) for “interim maintenance decision” there shall be substituted “maintenance calculation in force”;
c
in paragraph (4) for sub-paragraph (a) there shall be substituted the following sub-paragraph—
a
when in response to the application for a variation the Department has revised or superseded a decision under Article 18 or 19 respectively (whether it agrees to a variation or not) or not revised or superseded a decision under Article 18 or 19;
d
in paragraph (5) for the words from “make” to the end there shall be substituted “revise or supersede a decision under Article 18 or 19 respectively, or not revise or supersede a decision under Article 18 or 19, as if the application had failed”.
5
In Article 28D(1)(a) (determination of applications) for “under Article 13 or 14(1)” there shall be substituted “under Article 18 or 19”.
6
In Article 28F (agreement to a variation)—
a
for paragraph (3) there shall be substituted the following paragraph—
3
The Department shall not agree to a variation (and shall proceed to revise or supersede a decision under Article 18 or 19 respectively without taking the variation into account, or not revise or supersede a decision under Article 18 or 19) if it is satisfied that prescribed circumstances apply.
b
in paragraph (4)—
i
in sub-paragraph (a) the words after “application” where it first appears shall be omitted;
ii
for sub-paragraph (b) there shall be substituted the following sub-paragraph—
b
revise or supersede a decision under Article 18 or 19 respectively on that basis.
c
paragraph (5) shall be omitted.
7
In Schedule 4A (applications for a variation) in paragraph 5(1) “application for a” shall be omitted.
8
In Schedule 4B (applications for a variation: the cases and controls)—
a
in paragraph 2(3)—
i
in heads (a), (d) and (e) for “the application for a maintenance calculation has been made (or treated as made)” there shall be substituted “there is a maintenance calculation in force”;
ii
in head (c) for “has been applied for (or treated as having been applied for)” there shall be substituted “is in force”;
b
in paragraph 3—
i
in sub-paragraph (1)(a) for “the application for the maintenance calculation” there shall be substituted “the maintenance calculation in force” and for “that application was made” there shall be substituted “that maintenance calculation is in force”;
ii
in sub-paragraph (3) for “the application for a maintenance calculation” there shall be substituted “the maintenance calculation in force”.