# Child Support Act 1991, Section 28E: Matters to be taken into account.

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

(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.
(2) The general principles are that—
(a) parents should be responsible for maintaining their children whenever they can afford to do so;
(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.
(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—
(a) by the person with care or non-resident parent concerned; or
(b) where the application for the current calculation was made under section 7, by either of them or the child concerned.
(4) In determining whether to agree to a variation, no account shall be taken of the fact that—
(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
(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.
(5) In this section “benefit” has such meaning as may be prescribed.

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