Variations
F128F Agreement to a variation.
(1)
The F2Secretary of State may agree to a variation if—
(a)
F3the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
(b)
it is F4the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.
(2)
In considering whether it would be just and equitable in any case to agree to a variation, the F5Secretary of State—
(a)
must have regard, in particular, to the welfare of any child likely to be affected if F6the Secretary of State did agree to a variation; and
(b)
must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.
(3)
The F7Secretary of State shall not agree to a variation (and shall proceed to make F8a decision on the application for a maintenance calculation without any variation) if F9... satisfied that—
(a)
(b)
other prescribed circumstances apply.
(4)
(a)
determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation F12... ; and
(b)
make a decision under section 11 on that basis.
(5)
(6)
In determining whether or not to agree to a variation, the F14Secretary of State shall comply with regulations made under Part II of Schedule 4B.