The Child Support Departure Direction (Anticipatory Application) Regulations 1996

1. Introductory Text

2. PART I General

   1. 1. Citation, commencement and interpretation

   2. 2. Applications for a departure direction and the determination of applications

   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. 9. Disclosure of information by a child support officer

   7. 10. Departure directions and interim maintenance assessments

   8. 11. Lapse of an application

   9. 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. 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

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

   5. 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 following a departure direction which results in a decrease in an absent parent’s assessable income

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

    3. 43. Maintenance assessment following a departure direction where there is a phased maintenance assessment

11. Signature

12. 1. SCHEDULE

       Equivalent weekly value of a transfer of 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...

13. Explanatory Note