[F1(1)Subsection (1A) applies in any case where—
(a)an application for a maintenance assessment has been made, or a maintenance assessment is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or assessment was made; and
(b)[F2the Secretary of State] is not satisfied that the case falls within one of those set out in section 26(2).
(1A)In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.]
(2)The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance assessment [F3or in a maintenance assessment which is in force].
(3)This section applies to Scotland only.
Textual Amendments
F1S. 28(1)(1A) substituted for s. 28(1) (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(6), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F2Words in s. 28(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 33; S.I. 1999/1510, art. 2(g)(iii)
F3Words in s. 28(2) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1