Child Support Act 1995

1 Applications for departure directions

(1) In the 1991 Act, insert after section 28—

“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.”

(2) Schedule 1 inserts in the 1991 Act a new Schedule 4A which makes supplemental provision with respect to procedural and other matters.