OpenLegislation

Article 28E Matters to be taken into accountF1

(1)

In determining F2whether to agree to a variation, the Department shall have regard both to the general principles set out in paragraph (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 F3whether to agree to a variation, the Department shall take into account any representations made to it by the person with care or F4non-resident parent concerned.

(4)

In determining F5whether 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 F6the Department 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 Article “benefit” has such meaning as may be prescribed.

Annotations

Textual amendments

F1

S.I. 1995/2702 (N.I. 13)

F2

Words in art. 28E(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(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F3

Words in art. 28E(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(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F4

Words in Order substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 11; S.R. 2003/53, art. 3(1), Sch.

F5

Words in art. 28E(4) 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(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F6

Words in art. 28E(4)(a) 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(4)(b), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

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.