Article 28A Application for variation of usual rules for calculating maintenanceF1

(1)

Where an application for a maintenance calculation is made under Article 7 F2... the person with care or the non-resident parent may apply to the Department for the rules by which the calculation is made to be varied in accordance with this Order.

(2)

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

(3)

An application for a variation may be made at any time before the Department has made a decision (under Article 13 or 14(1)) on the application for a maintenance calculation F3....

(4)

A person who applies for a variation—

(a)

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

(b)

shall say upon what grounds the application is made.

(5)

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

(6)

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

Annotations

Textual amendments

F1: Ss. 28A-28C and cross-heading substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(2), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
F2: Words in art. 28A(1) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
F3: Words in art. 28A(3) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)