[F1Variations]U.K.

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.

[F228D Determination of applications.U.K.

[F3(1)Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—

(a)either agree or not to a variation, and make a decision under section 11 or 12(1); or

(b)refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.]

(2)For the purposes of subsection (1), [F4an application for a variation] has failed if—

(a)it has F5... been withdrawn; or

(b)the Secretary of State has rejected it on completing a preliminary consideration under section 28B; [F6or]

[F6(c)the Secretary of State has refused to consider it under section 28C(5).]

(3)In dealing with [F4an application for a variation] which has been referred to it under subsection (1)(b), [F7an 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