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it has lapsed or been withdrawn; or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.