F2Variations

Annotations:
Amendments (Textual)
F2

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.

F31

Where an application for a variation has not failed, the F9Secretary 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 F7the First-tier 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 been withdrawn; or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 F10Secretary of State has rejected it on completing a preliminary consideration under section 28B; F6or

F6c

the F10Secretary of State has refused to consider it under section 28C(5).

F142A

Subsection (2B) applies if—

a

the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

b

it appears to the F12Secretary of State that consideration of further information or evidence may affect F12the decision under subsection (1)(a) whether or not to agree to a variation.

2B

Before making the decision under subsection (1)(a) the F13Secretary of State must—

a

consider any such further information or evidence that is available to F13the Secretary of State, and

b

where necessary, take such steps as the F13Secretary of State considers appropriate to obtain any such further information or evidence.

3

In dealing with F4an application for a variation which has been referred to it under subsection (1)(b), F8the First-tier Tribunal shall have the same powers, and be subject to the same dutiesF15, apart from the duty under subsection (2B), as would the F11Secretary of State in dealing with the application.