# Child Support Act 1991, Section 28D: Determination of applications.

Extent: E+W+S+N.I.

(1) Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—
(a) either agree or not to a variation, and make a decision under section 11 or 12(1); or
(b) refer the application to the First-tier Tribunal for the tribunal to determine what variation, if any, is to be made.
(2) For the purposes of subsection (1), an application for a variation has failed if—
(a) it has ... been withdrawn; or
(b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B; or
(c) the Secretary of State has refused to consider it under section 28C(5).
(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 dealing with an application for a variation which has been referred to it under subsection (1)(b), the First-tier Tribunal shall have the same powers, and be subject to the same duties, apart from the duty under subsection (2B), as would the Secretary of State in dealing with the application.

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Source: https://www.legislation.gov.uk/ukpga/1991/48/section/28D (the official version)
Page: https://openlegislation.uk/child-support-act-1991/section-28D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.