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

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

30.—(1) The factors to be taken into account in determining whether it would be just and equitable to give a departure direction in any case shall include—

(a) where the application is made on any ground—

(i) whether, in the opinion of the Department, the giving of a departure direction would be likely to result in a relevant person ceasing paid employment;

(ii) if the applicant is the absent parent, the extent, if any, of his liability to pay child maintenance under a court order or other agreement in the period prior to the effective date of the maintenance assessment;

(b) where an application is made on the ground that the case falls within regulations 13 to 20 (special expenses), whether, in the opinion of the Department—

(i) the financial arrangements made by the applicant could have been such as to enable the whole or part of the expenses cited to be paid without a departure direction being given;

(ii) the applicant has at his disposal financial resources which are currently utilised for the payment of expenses other than those arising from essential everyday requirements and which could be used to pay the whole or part of the expenses cited.

(2) The following factors are not to be taken into account in determining whether it would be just and equitable to give a departure direction in any case—

(a) the fact that the conception of a child in respect of whom the current assessment was made was not planned by one or both of the parents;

(b) whether the parent with care or the absent parent was responsible for the breakdown of the relationship between them;

(c) the fact that the parent with care or the absent parent has formed a new relationship with a person who is not a parent of the child in respect of whom the current assessment was made;

(d) the existence of particular arrangements for contact with the child in respect of whom the current assessment was made, including whether any arrangements made are being adhered to by the parents;

(e) the failure by an absent parent to make payments under a maintenance order, a written maintenance agreement, or a maintenance assessment;

(f) representations made by persons other than the relevant persons.