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.
(1)Where—
(a)an application for a variation is made by the non-resident parent; and
(b)the [F2Secretary of State] makes an interim maintenance decision,
the [F2Secretary of State] may also, if [F2the Secretary of State] has completed [F2a] 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 [F3Secretary of State] imposes a regular payments condition, [F3the Secretary of State] 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 [F4Secretary of State] has made a decision on the application for a maintenance calculation under section 11 (whether [F4the Secretary of State] 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 [F5Secretary of State] may in prescribed circumstances refuse to consider the application for a variation, and instead reach [F5a] 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 [F6Secretary of State].
(7)Where the [F7Secretary of State] determines that a non-resident parent has failed to comply with a regular payments condition [F7the Secretary of State] shall give written notice of [F7the] 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.]
Textual Amendments
F2Words in s. 28C(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. 25(a)
F3Words in s. 28C(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. 25(b)
F4Words in s. 28C(4) 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. 25(c)
F5Words in s. 28C(5) 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. 25(d)
F6Words in s. 28C(6) 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. 25(e)
F7Words in s. 28C(7) 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. 25(f)
Modifications etc. (not altering text)
C1S. 28C modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 5