[F1Departure from usual rules for determining maintenance assessments]U.K.

Textual Amendments

F1S. 28A and cross-heading inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 1(1), 30(4); S.I. 1996/2630, art. 2, Sch. Pts. 1, 2

[F228B Preliminary consideration of applications.U.K.

(1)Where an application for a departure direction has been duly made to the Secretary of State, he may give the application a preliminary consideration.

(2)Where the Secretary of State does so he may, on completing the preliminary consideration, reject the application if it appears to him—

(a)that there are no grounds on which a departure direction could be given in response to the application; or

(b)that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Secretary of State for the purposes of this subsection and section 28F(4).

(3)In subsection (2)—

  • “the current amount” means the amount of the child support maintenance fixed by the current assessment; and

  • “the revised amount” means the amount of child support maintenance which, but for subsection (2)(b), would be fixed if a fresh maintenance assessment were to be made as a result of a departure direction allowing the departure applied for.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(6)Where a decision as to a maintenance assessment is revised or superseded under section 16 or 17, the Secretary of State—

(a)shall notify the applicant and such other persons as may be prescribed that the decision has been revised or superseded; and

(b)may direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Secretary of State that he wishes it to stand.]]

Textual Amendments

F2S. 28B inserted (14.10.1996 for specified purposes, 2.12.1996 for specified purposes) by Child Support Act 1995 (c. 34), ss. 2, 30(4); S.I. 1996/2630, art. 2, Sch. Pts. 1, 2

F4S. 28B(6) substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 35(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(iii)

Modifications etc. (not altering text)