28E Matters to be taken into account.

1

In determining any application for a departure direction, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.

2

The general principles are that—

a

parents should be responsible for maintaining their children whenever they can afford to do so;

b

where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

3

In determining any application for a departure direction, the Secretary of State shall take into account any representations made to him—

a

by the person with care or absent parent concerned; or

b

where the application for the current assessment was made under section 7, by either of them or the child concerned.

4

In determining any application for a departure direction, no account shall be taken of the fact that—

a

any part of the income of the person with care concerned is, or would be if a departure direction were made, derived from any benefit; or

b

some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

5

In this section “benefit” has such meaning as may be prescribed.