Part 3Child support etc.

Maintenance calculations

I1I2I318Determination of applications for a variation

1

Section 28D of the Child Support Act 1991 is amended as follows.

2

After subsection (2) insert—

2A

Subsection (2B) applies if—

a

the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

b

it appears to the F1Secretary of State that consideration of further information or evidence may affect F2the decision under subsection (1)(a) whether or not to agree to a variation.

2B

Before making the decision under subsection (1)(a) the F3Secretary of State must—

a

consider any such further information or evidence that is available to F4the Secretary of State, and

b

where necessary, take such steps as the F3Secretary of State considers appropriate to obtain any such further information or evidence.

3

In subsection (3), after “duties” insert “ , apart from the duty under subsection (2B) ”.