The Child Support Departure Direction and Consequential Amendments Regulations 1996

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

   2. 2. Documents

   3. 3. Determination of amounts

3. PART II PROCEDURE ON AN APPLICATION FOR A DEPARTURE DIRECTION AND PRELIMINARY CONSIDERATION

   1. 4. Application for a departure direction

   2. 5. Amendment or withdrawal of application

   3. 6. Provision of information

   4. 7. Rejection of application on completion of a preliminary consideration

   5. 8. Procedure in relation to the determination of an application

   6. 8A. Procedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction

   7. 9. Departure directions and persons in receipt of income support, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance, universal credit or working tax credit

   8. 10. Departure directions and interim maintenance assessments

   9. 11. Departure application and review under section 17 of the Act

   10. 11A. Meaning of “current assessment” for the purposes of the Act

   11. 12. Meaning of “benefit" for the purposes of section 28E of the Act

4. PART III SPECIAL EXPENSES

   1. 13. Costs incurred in travelling to work

   2. 14. Contact costs

   3. 15. Illness or disability

   4. 16. Debts incurred before the absent parent became an absent parent

   5. 17. Pre-1993 financial commitments

   6. 18. Costs incurred in supporting certain children

   7. 19. Special expenses for a case falling within regulation 13, 14, 16 or 17

   8. 20. Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given

5. PART IV PROPERTY OR CAPITAL TRANSFERS

   1. 21. Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Act

   2. 22. Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act

6. PART V ADDITIONAL CASES

   1. 23. Assets capable of producing income or higher income

   2. 24. Diversion of income

   3. 25. Life-style inconsistent with declared income

   4. 26. Unreasonably high housing costs

   5. 27. Partner’s contribution to housing costs

   6. 28. Unreasonably high travel costs

   7. 29. Travel costs to be disregarded

7. PART VI FACTORS TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF SECTION 28F OF THE ACT

   1. 30. Factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction

8. PART VII EFFECTIVE DATE AND DURATION OF A DEPARTURE DIRECTION

   1. 31. Refusal to give a departure direction under section 28F(4)of the Act

   2. 32. Effective date of a departure direction

   3. 32A. Revision of decisions

   4. 32B. Late applications for a revision

   5. 32C. Date from which a revision of a decision takes effect

   6. 32D. Supersession of decisions

   7. 32E. Date from which a superseding decision takes effect

   8. 32F. Cancellation of departure directions

   9. 32G. Notification of right of appeal, decision and reasons for decision

   10. 33. Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances

   11. 34. Cancellation of a departure direction on recognition of an error

   12. 34A. Correction of accidental errors in departure directions

   13. 35. Termination and suspension of departure directions

9. PART VIII MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION

   1. 36. Effect of a departure direction—general

   2. 37. Effect of a departure direction in respect of special expenses—exempt income

   3. 38. Effect of a departure direction in respect of special expenses—protected income

   4. 39. Effect of a departure direction in respect of a transfer of property

   5. 40. Effect of a departure direction in respect of additional cases

10. PART IX MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION: PARTICULAR CASES

    1. 41. Child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income but case still fell within paragraph 2(3) of Schedule 1 to the Act

    2. 42. Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act

    3. 42A. Application of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act

    4. 43. Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations

    5. 44. Maintenance assessment following a departure direction where there is a phased maintenance assessment

11. PART X MISCELLANEOUS

    1. 45. Regular payments condition

    2. 46. Special case—departure direction having effect from date earlier than effective date of current assessment

    3. 46A. Cases to which regulation 11A applies

12. PART XI TRANSITIONAL PROVISIONS

    1. 47. Transitional provisions—application before 2nd December 1996

    2. 48. Effective date of departure direction for a case falling within regulation 47

    3. 49. Transitional provisions—no application before 2nd December 1996

    4. 50. Transitional provisions—new maintenance assessment made before 2nd December 1996 whose effective date is on or after 2nd December 1996

13. PART XII REVOCATION

    1. 51. Revocation of the Departure Direction Anticipatory Application Regulations

14. PART XIII CONSEQUENTIAL AMENDMENTS

    1. 52. Amendment of regulation 1 of the Appeals Regulations

    2. 53. Amendment of regulation 3 of the Appeals Regulations

    3. 54. Amendment of regulation 5 of the Appeals Regulations

    4. 55. Amendment of regulation 6 of the Appeals Regulations

    5. 56. Amendment of regulation 7 of the Appeals Regulations

    6. 57. Amendment of regulation 10 of the Appeals Regulations

    7. 58. Amendment of regulation 11 of the Appeals Regulations

    8. 59. Insertion of regulations 11A and 11B into the Appeals Regulations

    9. 60. Amendment of regulation 13 of the Appeals Regulations

    10. 61. Amendment of regulation 14 of the Appeals Regulations

    11. 62. Amendment of regulation 10 of the Arrears Regulations

    12. 63. Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations

    13. 64. Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations

    14. 65. Amendment of regulation 10 of the Information, Evidence and Disclosure Regulations

    15. 66. Amendment of regulation 10A of the Information, Evidence and Disclosure Regulations

    16. 67. Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations

    17. 68. Amendment of the Maintenance Assessments and Special Cases Regulations

15. Signature

16. 1. SCHEDULE

       EQUIVALENT WEEKLY VALUE OF A TRANSFER OF A PROPERTY

       1. 1. (1) Subject to paragraphs 3 and 4, the equivalent weekly...

       2. 2. The Table referred to in paragraph 1(1) is set out...

       3. 3. The equivalent weekly value of the property transferred shall be...

       4. 4. The Secretary of State may determine a lower equivalent weekly...

       5. 5. In this Schedule, “maintenance" has the same meaning as in...

17. Explanatory Note