{
  "url": "https://openlegislation.uk/child-support-act-1991/section-28E",
  "json_url": "https://openlegislation.uk/child-support-act-1991/section-28E.json",
  "legislation": "ukpga/1991/48",
  "legislation_title": "Child Support Act 1991",
  "legislation_url": "https://openlegislation.uk/child-support-act-1991",
  "path": "section/28E",
  "kind": "section",
  "number": "28E",
  "heading": "Matters to be taken into account.",
  "text": "(1) In determining whether to agree to a variation, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.\n(2) The general principles are that—\n(a) parents should be responsible for maintaining their children whenever they can afford to do so;\n(b) where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.\n(3) In determining whether to agree to a variation, the Secretary of State shall take into account any representations made to the Secretary of State—\n(a) by the person with care or non-resident parent concerned; or\n(b) where the application for the current calculation was made under section 7, by either of them or the child concerned.\n(4) In determining whether to agree to a variation, no account shall be taken of the fact that—\n(a) any part of the income of the person with care concerned is, or would be if the Secretary of State agreed to a variation, derived from any benefit; or\n(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.\n(5) In this section “benefit” has such meaning as may be prescribed.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 28E inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 5, 30(4); S.I. 1996/2630, art. 2, Sch. Pts. 1, 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 28E(1)(3)(4) substituted (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(4)(a), 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."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 28E(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. 27(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 28E(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. 27(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 28E(4)(a) substituted (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(4)(b), 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."
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 28E(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. 27(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 28E modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1991/48/section/28E",
    "retrieved_at": "2026-10-29T09:37:00.270775+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}