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

Maintenance assessment following a departure direction where there is a phased maintenance assessment

44.—(1) Where a departure direction is given in a case falling within a relevant statutory provision, the assessment made in consequence of that direction shall be the assessment that fixes the amount of child support maintenance that would be payable but for the provisions of that statutory provision (“the unadjusted departure amount”).

(2) Where a departure direction takes effect on the effective date of a maintenance assessment to which the provisions of a relevant statutory provision become applicable, those provisions shall remain applicable to that case following the departure direction.

(3) Where a departure direction takes effect on a date later than the date on which the provisions of a relevant statutory provision become applicable to a maintenance assessment, the amount of child support maintenance payable in consequence of that direction shall be—

(a) where the unadjusted departure amount is more than the formula amount, the phased amount plus the difference between the unadjusted departure amount and the formula amount;

(b) where the unadjusted departure amount is more than the phased amount but less than the formula amount, the phased amount;

(c) where the unadjusted departure amount is less than the phased amount, the unadjusted departure amount.

(4) Regulation 31 shall have effect for cases falling within paragraphs (1) to (3) as if “current amount” referred to the amount payable under the maintenance assessment that would be in force when the departure direction is given but for the provisions of the relevant statutory provision and “revised amount” referred to the unadjusted departure amount.

(5) Where a child support officer determines that, were a fresh maintenance assessment to be made as a result of a review under Article 19, 20 or 21 of the Order in relation to a case to which the provisions of paragraphs (1) to (3) have been applied, and the amount payable under it (“the reviewed unadjusted departure amount”) would be—

(a) more than the unadjusted departure amount, the amount of child support maintenance payable shall be the amount determined in accordance with paragraph (3), plus the difference between the unadjusted departure amount and the reviewed unadjusted departure amount;

(b) less than the unadjusted departure amount but more than the phased amount, the amount of child support maintenance payable shall be the phased amount;

(c) less than the phased amount, the amount of child support maintenance payable shall be the reviewed unadjusted departure amount.

(6) In this regulation—

“the 1992 statutory provision” means Part II of the Schedule to the Child Support (1991 Order) (Commencement No. 3 and Transitional Provisions) Order (Northern Ireland) 1992(1) (modification of maintenance assessment in certain cases);

“the 1994 statutory provision” means Part III of the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations (Northern Ireland) 1994(2) (transitional provisions);

“formula amount” has the same meaning as in the relevant statutory provision;

“phased amount” means—

(a)

where the 1992 statutory provision is applicable to the particular case, the modified amount as defined in paragraph 5 of that statutory provision;

(b)

where the 1994 statutory provision is applicable to the particular case, the transitional amount as defined in regulation 6(1) of that statutory provision;

“relevant statutory provision” means—

(a)

the 1992 statutory provision where that statutory provision is applicable to the particular case;

(b)

the 1994 statutory provision where that statutory provision is applicable to the particular case.

(1)

S.R. 1992 No. 467 (C. 20); the relevant amending rules are S.R. 1993 No. 174 (C. 9)

(2)

S.R. 1994 No. 37; relevant amending regulations are S.R. 1995 Nos. 162 and 475