8 Role of the courts with respect to maintenance for children

8  Role of the courts with respect to maintenance for children

(1)ÌýÌýÌýÌý This subsection applies in any case where [the [Secretary of State]] would have jurisdiction to make a maintenance assessment [maintenance calculation] with respect to a qualifying child and an absent parent [a non-resident parent] of his on an application duly made [. . .] by a person entitled to apply for such an assessment [a calculation] with respect to that child.

(2)ÌýÌýÌýÌý Subsection (1) applies even though the circumstances of the case are such that [the [Secretary of State]] would not make an assessment [a calculation] if it were applied for.

(3)ÌýÌýÌýÌý [Except as provided in subsection (3A),] in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and absent parent [non-resident parent] concerned.

[(3A)ÌýÌýÌýÌý In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance assessment [maintenance calculation], and—

(a)ÌýÌýÌýÌý no application has been made for a maintenance assessment [maintenance calculation] under section 6, or

(b)ÌýÌýÌýÌý such an application has

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