Departure from usual rules for determining maintenance assessments

28A Application for a departure direction.

1

Where a maintenance assessment (“the current assessment”) is in force—

a

the person with care, or absent parent, with respect to whom it was made, or

b

where the application for the current assessment was made under section 7, either of those persons or the child concerned,

may apply to the Secretary of State for a direction under section 28F (a “departure direction”).

2

An application for a departure direction shall state in writing the grounds on which it is made and shall, in particular, state whether it is based on—

a

the effect of the current assessment; or

b

a material change in the circumstances of the case since the current assessment was made.

3

In other respects, an application for a departure direction shall be made in such manner as may be prescribed.

4

An application may be made under this section even though—

a

an application for a review has been made under section 17 or 18 with respect to the current assessment; or

b

a child support officer is conducting a review of the current assessment under section 16 or 19.

5

If the Secretary of State considers it appropriate to do so, he may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.

6

Schedule 4A has effect in relation to departure directions.