Article 28D Determination of applicationsF1
Where an application for a variation has not failed, the Department shall, in accordance with the relevant provisions of, or made under, this Order—
either agree or not agree to a variation, and make a decision under Article 13 or 14(1); or
refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.
Paragraph (2B) applies if
the application for a variation is made by the person with care, and
it appears to the Department that consideration of further information or evidence may affect its decision under paragraph (1)(a) whether or not to agree to a variation.
Before making the decision under paragraph (1)(a) the Department must—
consider any such information or evidence that is available to it, and
where necessary, take such steps as the Department considers appropriate to obtain any such further information or evidence.
Annotations
Textual amendments
- F1
- F2
Art. 28D(1) 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(3)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F3
Word in art. 28D(2) 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(3)(b), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F4
Words in art. 28D(2) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(3)(c), 68(2), Sch. 9 Pt. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F5
Word in art. 28D(2)(a) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), s. 68(2), Sch. 9 Pt. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F6
Art. 28D(2)(c) and word inserted (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(3)(c), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F7
Art. 28D(2A)(2B) inserted (10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 10(2), 41(1) (with s. 37); S.R. 2012/440, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4); S.R. 2013/201, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5); S.R. 2013/276, art. 2(a) (with arts. 3-5)
- F8
Word in art. 28D(3) 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(3)(b), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
- F9
- F10
Words in art. 28D(3) inserted (10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 10(3), 41(1) (with s. 37); S.R. 2012/440, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4); S.R. 2013/201, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5); S.R. 2013/276, art. 2(a) (with arts. 3-5)
Notes on Variations
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.