Child Maintenance and Other Payments Act 2008

18Determination of applications for a variation

This section has no associated Explanatory Notes

(1)Section 28D of the Child Support Act 1991 is amended as follows.

(2)After subsection (2) insert—

(2A)Subsection (2B) applies if—

(a)the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

(b)it appears to the Commission that consideration of further information or evidence may affect its decision under subsection (1)(a) whether or not to agree to a variation.

(2B)Before making the decision under subsection (1)(a) the Commission must—

(a)consider any such further information or evidence that is available to it, and

(b)where necessary, take such steps as the Commission considers appropriate to obtain any such further information or evidence.

(3)In subsection (3), after “duties” insert “, apart from the duty under subsection (2B)”.