The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996
Part IGeneral
1Citation, commencement and interpretation
2Documents
3Determination of amounts
Part IIProcedure on an Application for a Departure Direction and Preliminary Consideration
4Application for a departure direction
5Amendment or withdrawal of application
6Provision of information
7Rejection of application on completion of a preliminary consideration
8Procedure in relation to the determination of an application
9Departure directions and persons in receipt of income support or income-based jobseeker’s allowance
10Departure directions and interim maintenance assessments
11Departure application and review under Article 19 of the Order
12Meaning of “benefit” for the purposes of Article 28E of the Order
Part IIISpecial Expenses
13Costs incurred in travelling to work
14Contact costs
15Illness or disability
16Debts incurred before the absent parent became an absent parent
17Pre-1993 financial commitments
18Costs incurred in supporting certain children
19Special expenses for a case falling within regulation 13, 14, 16 or 17
20Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given
Part IVProperty or Capital Transfers
21Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Order
22Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Order
Part VAdditional Cases
23Assets capable of producing income or higher income
24Diversion of income
25Life-style inconsistent with declared income
26Unreasonably high housing costs
27Partner’s contribution to housing costs
28Unreasonably high travel costs
29Travel costs to be disregarded
Part VIFactors to be Taken into Account for the Purposes of Article 28F of the Order
30Factors 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
Part VIIEffective Date and Duration of a Departure Direction
31Refusal to give a departure direction under Article 28F(4) of the Order
32Effective date of a departure direction
33Cancellation of a departure direction following a review under Article 18, 19, 20 or 21 of the Order or on a change of circumstances
34Cancellation of a departure direction on recognition of an error
35Termination and suspension of departure directions
Part VIIIMaintenance Assessment Following a Departure Direction
36Effect of a departure direction — general
37Effect of a departure direction in respect of special expenses — exempt income
38Effect of a departure direction in respect of special expenses — protected income
39Effect of a departure direction in respect of a transfer of property
40Effect of a departure direction in respect of additional cases
Part IXMaintenance Assessment Following a Departure Direction: Particular Cases
41Child 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 Order
42Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Order
43Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations
44Maintenance assessment following a departure direction where there is a phased maintenance assessment
Part XMiscellaneous
45Regular payments condition
46Special case — departure direction having effect from date earlier than effective date of current assessment
Part XITransitional Provisions
47Transitional provisions — maintenance assessment in force prior to 2nd December 1996
48Transitional provisions — new maintenance assessment made before 2nd December whose effective date is on or after 2nd December 1996
Part XIIConsequential Amendments
49Amendment of the Child Support (Information, Evidence and Disclosure) Regulations
50Amendment of the Maintenance Assessment Procedure Regulations
51Amendment of the Maintenance Assessments and Special Cases Regulations
52Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations
53Amendment of the Child Support Appeal Tribunals (Procedure) Regulations
SCHEDULEEquivalent Weekly Value of a Transfer of Property
1(1) Subject to paragraphs 3 and 4, the equivalent weekly...
2The Table referred to in paragraph 1(1) is set out...
3The equivalent weekly value of the property transferred shall be...
4The Department may determine a lower equivalent weekly value than...
5In this Schedule, “maintenance” has the same meaning as in...
1996 No. 541
FAMILY LAW
CHILD SUPPORT

The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

Made
Coming into operation
The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 2(2), 16(3), 23, 28A(3), 28B(2)(b), 28C(2)(b) and (6)(b), 28E(5), 28F(3), (4) and (8), 28G(3), (4) and (5), 39, 47 and 48(4) of, and paragraph 5 of Schedule 1, paragraphs 2, 4, 6, 7 and 9 of Schedule 4A and Schedule 4B to, the Child Support (Northern Ireland) Order 19911 and of all other powers enabling it in that behalf, hereby makes the following Regulations: