[F1Variations]U.K.

[F128C Imposition of regular payments condition.U.K.

(1)Where—

(a)an application for a variation is made by the non-resident parent; and

(b)the [F2Secretary of State] makes an interim maintenance decision,

the [F2Secretary of State] may also, if [F2the Secretary of State] has completed [F2a] preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).

(2)The conditions are that—

(a)the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;

(b)the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.

(3)Where the [F3Secretary of State] imposes a regular payments condition, [F3the Secretary of State] shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

(a)the non-resident parent;

(b)all the persons with care concerned; and

(c)if the application for the maintenance calculation was made under section 7, the child who made the application.

(4)A regular payments condition shall cease to have effect—

(a)when the [F4Secretary of State] has made a decision on the application for a maintenance calculation under section 11 (whether [F4the Secretary of State] agrees to a variation or not);

(b)on the withdrawal of the application for a variation.

(5)Where a non-resident parent has failed to comply with a regular payments condition, the [F5Secretary of State] may in prescribed circumstances refuse to consider the application for a variation, and instead reach [F5a] decision under section 11 as if no such application had been made.

(6)The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the [F6Secretary of State].

(7)Where the [F7Secretary of State] determines that a non-resident parent has failed to comply with a regular payments condition [F7the Secretary of State] shall give written notice of [F7the] determination to—

(a)that parent;

(b)all the persons with care concerned; and

(c)if the application for the maintenance calculation was made under section 7, the child who made the application.]