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Child Support Act 1995

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Changes over time for: Section 4

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There are currently no known outstanding effects for the Child Support Act 1995, Section 4. Help about Changes to Legislation

4 Determination of applications.E+W+S

In the 1991 Act, insert after section 28C—

28D Determination of applications.

(1)Where an application for a departure direction has not failed, the Secretary of State shall—

(a)determine the application in accordance with the relevant provisions of, or made under, this Act; or

(b)refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions.

(2)For the purposes of subsection (1), an application for a departure direction has failed if—

(a)it has lapsed or been withdrawn; or

(b)the Secretary of State has rejected it on completing a preliminary consideration under section 28B.

(3)In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support 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.

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