F3Variations

Annotations:
Amendments (Textual)
F3

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.

C128DF1Determination of applications.

F41

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), F5an application for a variation has failed if—

a

it has F6... been withdrawn; or

b

the Secretary of State has rejected it on completing a preliminary consideration under section 28B; F7or

F7c

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

3

In dealing with F5an application for a variation which has been referred to it under subsection (1)(b), F2an 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.