Child Maintenance and Other Payments Act 2008
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Change 1
18 Determination 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 Secretary of State that consideration of further information or evidence may affect the decision under subsection (1)(a) whether or not to agree to a variation. (2B) Before making the decision under subsection (1)(a) the Secretary of State must— (a) consider any such further information or evidence that is available to the Secretary of State, and (b) where necessary, take such steps as the Secretary 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) ”.
18 Determination 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 Secretary of State that consideration of further information or evidence may affect the decision under subsection (1)(a) whether or not to agree to a variation. (2B) Before making the decision under subsection (1)(a) the Secretary of State must— (a) consider any such further information or evidence that is available to the Secretary of State, and (b) where necessary, take such steps as the Secretary 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) ”.
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