The Child Support Departure Direction (Anticipatory Application) Regulations 1996

Application for a departure direction

4.—(1) Any person who applies for a departure direction shall do so on a form (a “departure direction application form”) provided by the Secretary of State, or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case.

(2) Departure direction application forms shall be supplied without charge by such persons as the Secretary of State authorises for that purpose.

(3) A completed departure direction application form shall be given or sent to the Secretary of State or to such persons as he may authorise for that purpose.

(4) An application shall be an effective application if it has been made in accordance with the Secretary of State’s instructions.

(5) Where an application is not effective, the Secretary of State may—

(a) give or send a departure direction application form or, as appropriate, a fresh departure direction application form to the person who made the application, and request that the application be re-submitted so as to comply with the provisions of paragraph (4); or

(b) request the person who made the application to provide such additional information or evidence as the Secretary of State may specify.

(6) If a completed departure direction application form, or, as the case may be, the additional information or evidence requested, is received by the Secretary of State—

(a) within the specified period, he shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been an effective application;

(b) outside the specified period, unless he is satisfied that the delay has been unavoidable, he shall treat the application as a fresh application, made on the date upon which the departure direction application form, or the additional information or evidence, was received.

(7) Where a completed departure direction application form or the additional information or evidence requested by the Secretary of State in accordance with paragraph (5) is not provided by the applicant within the specified period, his application shall be deemed to have been withdrawn.

(8) For the purposes of paragraphs (6) and (7), the specified period shall be the period of 14 days commencing with the date upon which notice of the Secretary of State’s request is given or sent to the applicant.

(9) A person applying for a departure direction may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf, and to act on his behalf in relation to an application.

(10) Where a person has, under paragraph (9), authorised a representative who is not legally qualified, he shall confirm that authorisation in writing, or as otherwise required, to the Secretary of State, unless such authorisation has already been approved by the Secretary of State under regulation 53 of the Maintenance Assessment Procedure Regulations (authorisation of representative).