Maintenance F3calculations

Annotations:
Amendments (Textual)
F3

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F211C1 Maintenance calculations.

1

An application for a maintenance calculation made to the F7Secretary of State shall be dealt with by F7the Secretary of State in accordance with the provision made by or under this Act.

2

The F7Secretary of State shall (unless F7the Secretary of State decides not to make a maintenance calculation in response to the application, or makes a decision under section 12) determine the application by making a decision under this section about whether any child support maintenance is payable and, if so, how much.

F43

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F44

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F45

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6

The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.

7

If the F8Secretary of State has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis F8determined under section 28F(4).

8

Part II of Schedule 1 makes further provision with respect to maintenance calculations.

12F1 Default and interim maintenance decisions.

1

Where the F9Secretary of State—

a

is required to make a maintenance calculation; or

b

is proposing to make a decision under section 16 or 17,

and it appears to F6the F9Secretary of State that F10the Secretary of State does not have sufficient information to enable F11such a decision to be made, F12the Secretary of State may make a default maintenance decision.

2

Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation F5... , the F13Secretary of State may make an interim maintenance decision.

3

The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

4

The Secretary of State may by regulations make provision as to default and interim maintenance decisions.

5

The regulations may, in particular, make provision as to—

a

the procedure to be followed in making a default or an interim maintenance decision; and

b

a default rate of child support maintenance to apply where a default maintenance decision is made.