Child Support Act 1991
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Change 1
28F Agreement to a variation.
(1) The Secretary of State may agree to a variation if— (a) the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and (b) it is the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation. (2) In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State— (a) must have regard, in particular, to the welfare of any child likely to be affected if the Secretary of State did agree to a variation; and (b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances. (3) The Secretary of State shall not agree to a variation (and shall proceed to make a decision on the application for a maintenance calculation without any variation) if ... satisfied that— (a) the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that the decision would be made under section 12(1); or (b) other prescribed circumstances apply. (4) Where the Secretary of State agrees to a variation, the Secretary of State shall— (a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation ... ; and (b) make a decision under section 11 on that basis. (5) If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse. (6) In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.
28F Agreement to a variation.
(1) The Secretary of State may agree to a variation if— (a) the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and (b) it is the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation. (2) In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State— (a) must have regard, in particular, to the welfare of any child likely to be affected if the Secretary of State did agree to a variation; and (b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances. (3) The Secretary of State shall not agree to a variation (and shall proceed to make a decision on the application for a maintenance calculation without any variation) if ... satisfied that— (a) the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that the decision would be made under section 12(1); or (b) other prescribed circumstances apply. (4) Where the Secretary of State agrees to a variation, the Secretary of State shall— (a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation ... ; and (b) make a decision under section 11 on that basis. (5) If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse. (6) In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.
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