http://www.legislation.gov.uk/uksi/1996/2907/contents

The Child Support Departure Direction and Consequential Amendments Regulations 1996

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FAMILY LAW;CHILD SUPPORT

2024-05-16

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2014-06-30

These Regulations provide for an application for a departure direction to be made, the effect of which, if given, would be to vary a child support maintenance assessment determined in accordance with the formula provisions of Part I of Schedule 1 to the Child Support Act 1991, and the regulations made under it.Regulations 1 to 3 contain interpretation provisions, provisions relating to documents and rounding provisions.Regulations 4 to 12 contain provisions relating to the manner in which an application is to be made, to the Secretary of State’s preliminary consideration of an application, where income support or income-based jobseeker’s allowance is payable, interim maintenance assessments, and reviews under section 17 of the Child Support Act 1991.Regulations 13 to 29 and the Schedule make provision in relation to cases in which a departure direction may be given: regulations 13 to 20 relate to special expenses, regulations 21 and 22 and the Schedule to property or capital transfers and regulations 23 to 29 to additional cases where a departure direction may be given.The Schedule contains a table for calculating the equivalent weekly value of a transfer of property. The factors in the table are derived from the standard formula used in annuity calculations.Regulation 30 prescribes factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction.Regulations 31 to 35 contain provisions as to the effective date and the duration of a departure direction.Regulations 36 to 44 contain provisions as to the maintenance assessment which is to be made in consequence of a departure direction.Regulations 45 and 46 contain provisions as to the imposition of a regular payments condition, and a departure direction having effect from a date earlier than the effective date of the current assessment.Regulations 47 to 50 contain transitional provisions and regulation 51 revokes the Child Support Departure Direction (Anticipatory Application) Regulations 1996.Regulations 52 to 68 provide for amendments to be made to five sets of Child Support Regulations which are consequential on the introduction of the departures system.These Regulations impose no costs on business.

The Child Support Departure Direction and Consequential Amendments Regulations 1996

PART I GENERAL

1 Citation, commencement and interpretation

2 Documents

3 Determination of amounts

PART II PROCEDURE ON AN APPLICATION FOR A DEPARTURE DIRECTION AND PRELIMINARY CONSIDERATION

4 Application for a departure direction

5 Amendment or withdrawal of application

6 Provision of information

7 Rejection of application on completion of a preliminary consideration

8 Procedure in relation to the determination of an application

8A Procedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction

9Departure directions and persons in receipt of income support, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance, universal credit or working tax credit

10 Departure directions and interim maintenance assessments

11 Departure application and review under section 17 of the Act

11AMeaning of “current assessment” for the purposes of the Act

12Meaning of “benefit" for the purposes of section 28E of the Act

PART III SPECIAL EXPENSES

13 Costs incurred in travelling to work

14 Contact costs

15 Illness or disability

16 Debts incurred before the absent parent became an absent parent

17 Pre-1993 financial commitments

18 Costs incurred in supporting certain children

19 Special expenses for a case falling within regulation 13, 14, 16 or 17

20 Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given

PART IV PROPERTY OR CAPITAL TRANSFERS

21 Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Act

22 Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act

PART V ADDITIONAL CASES

23 Assets capable of producing income or higher income

24 Diversion of income

25 Life-style inconsistent with declared income

26 Unreasonably high housing costs

27 Partner’s contribution to housing costs

28 Unreasonably high travel costs

29 Travel costs to be disregarded

PART VI FACTORS TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF SECTION 28F OF THE ACT

30 Factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction

PART VII EFFECTIVE DATE AND DURATION OF A DEPARTURE DIRECTION

31 Refusal to give a departure direction under section 28F(4)of the Act

32 Effective date of a departure direction

32A Revision of decisions

32B Late applications for a revision

32C Date from which a revision of a decision takes effect

32D Supersession of decisions

32E Date from which a superseding decision takes effect

32F Cancellation of departure directions

32G Notification of right of appeal, decision and reasons for decision

33 Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances

34 Cancellation of a departure direction on recognition of an error

34ACorrection of accidental errors in departure directions

35 Termination and suspension of departure directions

PART VIII MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION

36 Effect of a departure direction—general

37 Effect of a departure direction in respect of special expenses—exempt income

38 Effect of a departure direction in respect of special expenses—protected income

39 Effect of a departure direction in respect of a transfer of property

40 Effect of a departure direction in respect of additional cases

PART IX MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION: PARTICULAR CASES

41 Child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income but case still fell within paragraph 2(3) of Schedule 1 to the Act

42 Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act

42AApplication of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act

43 Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations

44 Maintenance assessment following a departure direction where there is a phased maintenance assessment

PART X MISCELLANEOUS

45 Regular payments condition

46 Special case—departure direction having effect from date earlier than effective date of current assessment

46ACases to which regulation 11A applies

PART XI TRANSITIONAL PROVISIONS

47 Transitional provisions—application before 2nd December 1996

48 Effective date of departure direction for a case falling within regulation 47

49 Transitional provisions—no application before 2nd December 1996

50 Transitional provisions—new maintenance assessment made before 2nd December 1996 whose effective date is on or after 2nd December 1996

PART XII REVOCATION

51 Revocation of the Departure Direction Anticipatory Application Regulations

PART XIII CONSEQUENTIAL AMENDMENTS

52 Amendment of regulation 1 of the Appeals Regulations

53 Amendment of regulation 3 of the Appeals Regulations

54 Amendment of regulation 5 of the Appeals Regulations

55 Amendment of regulation 6 of the Appeals Regulations

56 Amendment of regulation 7 of the Appeals Regulations

57 Amendment of regulation 10 of the Appeals Regulations

58 Amendment of regulation 11 of the Appeals Regulations

59 Insertion of regulations 11A and 11B into the Appeals Regulations

60 Amendment of regulation 13 of the Appeals Regulations

61 Amendment of regulation 14 of the Appeals Regulations

62 Amendment of regulation 10 of the Arrears Regulations

63 Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations

64 Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations

65 Amendment of regulation 10 of the Information, Evidence and Disclosure Regulations

66 Amendment of regulation 10A of the Information, Evidence and Disclosure Regulations

67 Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations

68 Amendment of the Maintenance Assessments and Special Cases Regulations

SCHEDULE EQUIVALENT WEEKLY VALUE OF A TRANSFER OF A PROPERTY

1(1) Subject to paragraphs 3 and 4, the equivalent weekly...

2The Table referred to in paragraph 1(1) is set out...

3The equivalent weekly value of the property transferred shall be...

4The Secretary of State may determine a lower equivalent weekly...

5In this Schedule, “maintenance" has the same meaning as in...

1996 No. 2907

C1~~F1FAMILY LAWCHILD SUPPORT~~

The Child Support Departure Direction and Consequential Amendments Regulations 1996

~~Made20th November 1996~~

~~Coming into force2nd December 1996~~

M1 ~~Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by a resolution of each House of Parliament:~~

~~Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 14(3), 21, 28A(3), 28B(2)(b), 28C, 28E(5), 28F, 28G, 28I(4)(c), 42, 51, 52(4) and 54~~M2 of, and paragraph 5 of Schedule 1, paragraphs 2, 4, 6, 7 and 9 of Schedule 4A and Schedule 4B to the Child Support Act 1991 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992M3~~, hereby makes the following Regulations:~~C2

Annotations:

Amendments (Textual)

Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)

Modifications etc. (not altering text)

These Regulations have been revoked for particular cases only by The Child Support (Variations) Regulations 2000 (S.I. 2001/156) reg. 33 (with saving at reg. 33(2)) whereby this revocation comes into force in relation to a particular case on the date on which section 5 of the Child Support, Pensions and Social Security Act 2000 c.19 comes into force in relation to that type of case, which is 03/03/2003 for the cases detailed in article 3 of The Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (S.I. 2003/192).

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

Marginal Citations

1991.c.48. Section 28A to 28I of and Schedules 4A and 4B to the Child Support Act 1991 were inserted by the Child Support Act 1995 (1995 c.34).

Section 54 is cited because of the meaning ascribed to the words “maintenance assessment" and “prescribed".

1992 c.53.