The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 No. 1815

[F1 SCHEDULE 3A AMOUNT TO BE ALLOWED IN RESPECT OF TRANSFER OF PROPERTY

Textual Amendments

F1 Sch. 3A inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 57

Evidence to be produced in connection with the allowance for transfers of property

2.— (1) Where the absent parent produces to the Secretary of State—

(a) contemporaneous evidence in writing of the making of a court order or of the execution of a written maintenance agreement, which requires the relevant person to make a qualifying transfer of property;

(b) evidence in writing and whether contemporaneous or not as to—

(i) the fact of the transfer;

(ii) the value of the property transferred at the relevant date;

(iii) the amount of any mortgage or charge outstanding at the relevant date,

an amount in respect of the relevant value of the transfer determined in accordance with the following provisions of this Schedule shall be allowed in calculating or estimating the exempt income of the absent parent.

(2) Whether the evidence specified in sub-paragraph (1) is not produced within a reasonable time after the Secretary of State has been notified of the wish of the absent parent that [F2 the Secretary of State] consider the question, [F3 he] shall determine the question on the basis that the relevant value of the transfer is nil.]

Textual Amendments

F2 Words in Sch. 3A para. 2(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 21(a)(i)

F3 Word in Sch. 3A para. 2(2) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 21(a)(ii)