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.

C128EF1Matters to be taken into account.

1

In determining F4whether to agree to a variation, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.

2

The general principles are that—

a

parents should be responsible for maintaining their children whenever they can afford to do so;

b

where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

3

In determining F4whether to agree to a variation, the Secretary of State shall take into account any representations made to him—

a

by the person with care or F3non-resident parent concerned; or

b

where the application for the current F6calculation was made under section 7, by either of them or the child concerned.

4

In determining F4whether to agree to a variation, no account shall be taken of the fact that—

a

any part of the income of the person with care concerned is, or would be if F5the Secretary of State agreed to a variation, derived from any benefit; or

b

some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

5

In this section “benefit” has such meaning as may be prescribed.