F1Variations

Annotations:
Amendments (Textual)
F1

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.

C128FF2 Agreement to a variation.

1

The F4Secretary of State may agree to a variation if—

a

F5the 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 F6the 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 F7Secretary of State—

a

must have regard, in particular, to the welfare of any child likely to be affected if F8the 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 F9Secretary of State shall not agree to a variation (and shall proceed to make F10a decision on the application for a maintenance calculation without any variation) if F11... satisfied that—

a

F12the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that F12the decision would be made under section 12(1); or

b

other prescribed circumstances apply.

4

Where the F13Secretary of State agrees to a variation, F13the Secretary of State shall—

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 F3... ; and

b

make a decision under section 11 on that basis.

5

If the F14Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by F14the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.

6

In determining whether or not to agree to a variation, the F15Secretary of State shall comply with regulations made under Part II of Schedule 4B.