Part 3Child support etc.

Maintenance calculations

18Determination of applications for a variation

(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 F1Secretary of State that consideration of further information or evidence may affect F2the decision under subsection (1)(a) whether or not to agree to a variation.

(2B)

Before making the decision under subsection (1)(a) the F3Secretary of State must—

(a)

consider any such further information or evidence that is available to F4the Secretary of State, and

(b)

where necessary, take such steps as the F3Secretary of State considers appropriate to obtain any such further information or evidence.”

(3)

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