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Section 28A Application for variation of usual rules for calculating maintenance.F1C1

United Kingdom

(1)

Where an application for a maintenance calculation is made under section 4 or 7 F2... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the F3Secretary of State for the rules by which the calculation is made to be varied in accordance with this Act.

(2)

Such an application is referred to in this Act as an “application for a variation”.

(3)

An application for a variation may be made at any time before the F4Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation F5... .

(4)

A person who applies for a variation—

(a)

need not make the application in writing unless the F6Secretary of State directs in any case that he must; and

(b)

must say upon what grounds the application is made.

(5)

In other respects an application for a variation is to be made in such manner as may be prescribed.

(6)

Schedule 4A has effect in relation to applications for a variation.

Annotations

Textual amendments

F1

Ss. 28A-28C substituted for ss. 28A-28C (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F2

Words in s. 28A(1) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F3

Words in s. 28A(1) 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. 1(2), Sch. para. 23

F4

Words in s. 28A(3) 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. 1(2), Sch. para. 23

F5

Words in s. 28A(3) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F6

Words in s. 28A(4)(a) 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. 1(2), Sch. para. 23

Modifications

C1

S. 28A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 3

Notes on the whole Act

Textual amendments

F1

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.