Child Support, Pensions and Social Security Act 2000

Child Support, Pensions and Social Security Act 2000

2000 CHAPTER 19

Part 1: Child Support.

Commentary on Sections

Applications for a variation

Section 7: Variations: revision and supersession

107. This section substitutes section 28G of the Child Support Act 1991. (The terms “revision” and “supersession” refer to replacing decisions, either from the original date (revision) or a later date (supersession)).

New section 28G: Variations: Revision and supersession

108. New section 28G(1) enables variation applications to be made when a maintenance calculation is in force.

109. New section 28G(2) provides the power by regulations to modify sections 16, 17, 20 and 28A to 28F of, and Schedules 4A and 4B to, the 1991 Act for these variation applications.

110. New section 28G(3) provides a power by regulations to permit the Secretary of State, when superseding a decision on his own initiative under section 17, to make a decision on the basis of a variation agreed to in respect of an earlier decision. This is because some variation circumstances, such as property transfers, once accepted, will continue to be relevant to liability except in flat rate or nil rate cases.