Modification of section 28C5

1

Section 28C (imposition of regular payments condition) shall be modified in accordance with the following paragraphs of this regulation and references to subsections are to subsections of that section.

2

Subsection (1)(b) shall be omitted and in the full-out words “also” shall be omitted.

3

In subsection (2), for the words “interim maintenance decision” there shall be substituted the words “maintenance calculation in force”.

4

In subsections (3)(c) and (7)(c), for the words “application for the maintenance calculation was” there shall be substituted the words “maintenance calculation in force was made in response to an application”.

5

For subsection (4)(a) there shall be substituted the following—

a

when in response to the application for a variation the Secretary of State has revised or superseded a decision under section 16 or 17 respectively (whether he agrees to a variation or not) or not revised or superseded a decision under section 16 or 17;

6

In subsection (5), for the words from “reach” to the end there shall be substituted “revise or supersede a decision under section 16 or 17 respectively, or not revise or supersede a decision under section 16 or 17, as if the application had failed”.