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

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Regular payments condition

45.—(1) For the purposes of Article 28C(2)(b) of the Order (regular payments condition — reduced payments), reduced payments shall, subject to paragraph (3), be such payments as would be equal to the payments of child support maintenance fixed by the fresh maintenance assessment that would be made if the circumstances of the case were those set out in paragraph (2).

(2) The circumstances referred to in paragraph (1) are—

(a)the Department is satisfied that the case is one which falls within paragraph 2 of Schedule 4B to the Order (special expenses);

(b)the Department is satisfied that the expenses claimed by the absent parent are both being incurred and, for a case falling within regulation 13 (costs incurred in travelling to work), 14 (contact costs) or 15 (illness or disability), are neither unreasonably high nor being unreasonably incurred, and that it is just and equitable to give a departure direction in respect of the whole of those expenses; and

(c)a departure direction is given in response to the application.

(3) Where the Department considers it likely that the expenses incurred by the absent parent are lower than those claimed by him or are not reasonably incurred, it may fix such amount as it considers to be reasonable in all the circumstances of the case.

(4) Where the absent parent, following written notice under Article 28C(8) of the Order, fails within 28 days of that notice to comply with the regular payments condition that was imposed on him, the application shall lapse.

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