4 Default and interim maintenance decisions.E+W+S
For section 12 of the 1991 Act (interim maintenance assessments) there shall be substituted—
“12 Default and interim maintenance decisions.
(1)Where the Secretary of State—
(a)is required to make a maintenance calculation; or
(b)is proposing to make a decision under section 16 or 17,
and it appears to him that he does not have sufficient information to enable him to do so, he may make a default maintenance decision.
(2)Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation (or in connection with such an application which is treated as having been made), the Secretary of State may make an interim maintenance decision.
(3)The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
(4)The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
(5)The regulations may, in particular, make provision as to—
(a)the procedure to be followed in making a default or an interim maintenance decision; and
(b)a default rate of child support maintenance to apply where a default maintenance decision is made.”
Commencement Information
I1S. 4 partly in force; s. 4 not in force at Royal Assent see s. 86(2); s. 4 in force for certain purposes at 10.11.2000 by S.I. 2000/2994, art. 2: s. 4 in force for certain further purposes at 3.3.2003 by S.I. 2003/192, art. 3, Sch.