OpenLegislation

Section 18 Determination of applications for a variationI1I2I3

England, Wales and Scotland

(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 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) ”.

Annotations

Textual amendments

F1

Words 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)

F2

Word 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)

F3

Words 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)

F4

Words 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

I1

S. 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)

I2

S. 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)

I3

S. 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)