F1Variations

Annotations:
Amendments (Textual)
F1

Ss. 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.

C128CF1 Imposition of regular payments condition.

1

Where—

a

an application for a variation is made by the non-resident parent; and

b

the Secretary of State makes an interim maintenance decision,

the Secretary of State may also, if he has completed his preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).

2

The conditions are that—

a

the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;

b

the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.

3

Where the Secretary of State imposes a regular payments condition, he shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

a

the non-resident parent;

b

all the persons with care concerned; and

c

if the application for the maintenance calculation was made under section 7, the child who made the application.

4

A regular payments condition shall cease to have effect—

a

when the Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether he agrees to a variation or not);

b

on the withdrawal of the application for a variation.

5

Where a non-resident parent has failed to comply with a regular payments condition, the Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach his decision under section 11 as if no such application had been made.

6

The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the Secretary of State.

7

Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition he shall give written notice of his determination to—

a

that parent;

b

all the persons with care concerned; and

c

if the application for the maintenance calculation was made under section 7, the child who made the application.