Article 28D Determination of applicationsF1

(F21)

Where an application for a variation has not failed, the Department shall, in accordance with the relevant provisions of, or made under, this Order—

(a)

either agree or not agree to a variation, and make a decision under Article 13 or 14(1); or

(b)

refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.

(2)

For the purposes of paragraph (1), an application for a F3variation has failed if—

(a)

it has F4... been withdrawn; F5...

(b)

the Department has rejected it on completing a preliminary consideration under Article 28B; F6or

(c)

the Department has refused to consider it under Article 28C(5).

(F72A)

Paragraph (2B) applies if

(a)

the application for a variation is made by the person with care, and

(b)

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.

(2B)

Before making the decision under paragraph (1)(a) the Department must—

(a)

consider any such information or evidence that is available to it, and

(b)

where necessary, take such steps as the Department considers appropriate to obtain any such further information or evidence.

(3)

In dealing with an application for a F8variation which has been referred to it under paragraph (1)(b), F9an appeal tribunal shall have the same powers, and be subject to the same duties F10, apart from the duty under paragraph (2B), as would the Department if it were dealing with the application.

Annotations

Textual amendments

F1: S.I. 1995/2702 (N.I. 13)
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F4: Words in art. 28D(2) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(3)(c), 68(2), Sch. 9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F5: Word in art. 28D(2)(a) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), s. 68(2), Sch. 9 Pt. 1;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: S.I. 1998/1506 (N.I. 10)
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.