[F128A Application for variation of usual rules for calculating maintenance.U.K.
(1)Where an application for a maintenance calculation is made under section 4 or 7 F2... 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 [F3Secretary 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 [F4Secretary of State] has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation F5... .
(4)A person who applies for a variation—
(a)need not make the application in writing unless the [F6Secretary 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.]
Textual Amendments
F1Ss. 28A-28C substituted for ss. 28A-28C (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F2Words in s. 28A(1) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F3Words in s. 28A(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 23
F4Words in s. 28A(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 23
F5Words in s. 28A(3) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F6Words in s. 28A(4)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 23
Modifications etc. (not altering text)
C1S. 28A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 3