18Determination of applications for a variationE+W+S
(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) ”.
Textual Amendments
F1Words in s. 18 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 78(2)
F2Word in s. 18 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 78(2)
F3Words in s. 18 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 78(3)
F4Words in s. 18 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 78(3)
Commencement Information
I1S. 18 partly in force; s. 18 not in force at Royal Assent see s. 62; s. 18 in force for certain purposes at 10.12.2012 by S.I. 2012/3042, art. 2(c)
I2S. 18 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(c), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)
I3S. 18 in force at 25.11.2013 in so far as not already in force by S.I. 2013/2947, art. 2(a) (with arts. 3-5)