Child Support Act 1995
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Change 1
4 Determination of applications.
In the 1991 Act, insert after section 28C— Determination of applications. 28D (1) Where an application for a departure direction has not failed, the Secretary of State shall— (a) determine the application in accordance with the relevant provisions of, or made under, this Act; or (b) refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions. (2) For the purposes of subsection (1), an application for a departure direction has failed if— (a) it has lapsed or been withdrawn; or (b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B. (3) In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Secretary of State if he were dealing with the application.
4 Determination of applications.
In the 1991 Act, insert after section 28C— Determination of applications. 28D (1) Where an application for a departure direction has not failed, the Secretary of State shall— (a) determine the application in accordance with the relevant provisions of, or made under, this Act; or (b) refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions. (2) For the purposes of subsection (1), an application for a departure direction has failed if— (a) it has lapsed or been withdrawn; or (b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B. (3) In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Secretary of State if he were dealing with the application.
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