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.
[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 been withdrawn; or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
F2S. 28D inserted (2.12.1996) by Child Support Act 1995 (c. 34), ss. 4, 30(4); S.I. 1996/2630, art. 2, Sch. Pt. 2
F3S. 28D(1) substituted (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(3)(a), 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.
F4Words in s. 28D(2)(3) substituted (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(3)(b), 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.
F5Words in s. 28D(2)(a) repealed (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(3)(c), 86(1)(a)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F6S. 28D(2)(c) and preceding word inserted (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(3)(c), 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.
F7Words in s. 28D(1)(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 36; S.I. 1999/1510, art. 2(g)(iii)
Modifications etc. (not altering text)
C1S. 28D modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(1)