[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

[F228D Determination of applications.E+W+S

(1)Where an application for a departure direction has not failed, the Secretary of State shall—

(a)determine the application in accordance with the relevant provisions of, or made under, this Act; or

(b)refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions.

(2)For the purposes of subsection (1), an application for a departure direction has failed if—

(a)it has lapsed or been withdrawn; or

(b)the Secretary of State has rejected it on completing a preliminary consideration under section 28B.

(3)In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Secretary of State if he were dealing with the application.]

Textual Amendments