The Child Support (Miscellaneous Amendments) Regulations 1998

Amendment of regulation 41 of the Departure Direction Regulations

23.—(1) Regulation 41 of the Departure Direction Regulations (child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (3), there shall be substituted the following paragraph—

“(3) There shall be determined the amount that would be payable under a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.”.

(3) For paragraph (4) there shall be substituted the following paragraph—

“(4) The revised amount for the purposes of regulation 7 (rejection of application on completion of a preliminary consideration) and regulation 31 (refusal to give a departure direction under section 28F(4) of the Act) shall be the lowest of the following amounts—

(a) the amount calculated in accordance with paragraph (2);

(b) the amount determined in accordance with paragraph (3);

(c) where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses—protected income) would apply if a departure direction were given, the amount payable under those provisions,

and the Secretary of State may apply regulation 7 and shall apply regulation 31 in relation to the current amount and the revised amount as so construed.”.

(4) In paragraph (5), the words “Subject to paragraph (7),” shall be omitted.

(5) Paragraph (7) shall be omitted.

(6) In paragraph (8), for the words “paragraphs (1) to (7)” there shall be substituted the words “paragraphs (1) to (6)”.