Section 28C Imposition of regular payments condition.F1C1
United Kingdom
Where—
an application for a variation is made by the non-resident parent; and
the F2Secretary of State makes an interim maintenance decision,
the Secretary of State may also, if the Secretary of State has completed a preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).
The conditions are that—
the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;
the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
Where the F3Secretary of State imposes a regular payments condition, the Secretary of State shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—
the non-resident parent;
all the persons with care concerned; and
if the application for the maintenance calculation was made under section 7, the child who made the application.
A regular payments condition shall cease to have effect—
when the F4Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether the Secretary of State agrees to a variation or not);
on the withdrawal of the application for a variation.
Where a non-resident parent has failed to comply with a regular payments condition, the F5Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach a decision under section 11 as if no such application had been made.
The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the F6Secretary of State.
Where the F7Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition the Secretary of State shall give written notice of the determination to—
that parent;
all the persons with care concerned; and
if the application for the maintenance calculation was made under section 7, the child who made the application.
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. 28C(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. 25(a)
- F3
Words in s. 28C(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. 25(b)
- F4
Words in s. 28C(4) 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. 25(c)
- F5
Words in s. 28C(5) 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. 25(d)
- F6
Words in s. 28C(6) 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. 25(e)
- F7
Words in s. 28C(7) 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. 25(f)
Modifications
- C1
S. 28C modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 5
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.