The Child Support Departure Direction and Consequential Amendments Regulations 1996

[F1PART IE+W+S GENERAL

Textual Amendments

F1Instrument 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)

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Child Support Departure Direction and Consequential Amendments Regulations 1996 and shall come into force on 2nd December 1996.

(2) In these Regulations, unless the context otherwise requires—

  • “the Act" means the Child Support Act 1991;

  • “the Appeal Regulations" means the Child Support Appeal Tribunals (Procedure) Regulations 1992 M1;

  • “applicant" has the same meaning as in Schedule 4B to the Act;

  • “application" means[F2, except in regulations 32A to 32G,] an application for a departure direction;

  • “Arrears Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 M2;

  • F3...

  • “Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 M3;

  • “Departure Direction Anticipatory Application Regulations" means the Child Support Departure Direction (Anticipatory Application) Regulations 1996 M4;

  • “departure direction application form" means the form provided by the Secretary of State in accordance with regulation 4(1);

  • [F4“designated authority” means—

    (a)

    the Secretary of State;

    (b)

    a person providing services to the Secretary of State;

    (c)

    a local authority; or

    (d)

    a person providing services to, or authorised to exercise any functions of, any such authority;]

  • “effective date" in relation to a departure direction means the date on which that direction takes effect;

  • [F5“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • “Information, Evidence and Disclosure Regulations" means the Child Support (Information, Evidence and Disclosure) Regulations 1992 M5;

  • “Maintenance Arrangements and Jurisdiction Regulations" means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 M6;

  • “Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992 M7;

  • “Maintenance Assessments and Special Cases Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M8;

  • “maintenance period" has the same meaning as in regulation 33 of the Maintenance Assessment Procedure Regulations;

  • “non-applicant" means—

    (a)

    where the application has been made by a person with care, the absent parent;

    (b)

    where the application has been made by an absent parent, the person with care;

  • [F6“official error" means an error made by–

    (a)

    an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;

    (b)

    [F7a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

    but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of [F8the Upper Tribunal] or the court;]]

  • “partner" has the same meaning as in paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations M9;

  • “relevant person" means—

    (a)

    an absent parent, or a person who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations (persons treated as absent parents), whose liability under a maintenance assessment may be affected by any departure direction given following an application;

    (b)

    a person with care, or a child to whom section 7 of the Act applies, where the amount of child support maintenance payable under a maintenance assessment relevant to that person with care or that child may be affected by any departure direction given following an application[F9;]

  • [F9“relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;]

  • [F9“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012]

[F10(2A) For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

(3) In these Regulations, unless the context otherwise requires, a reference—

(a)to the Schedule, is to the Schedule to these Regulations;

(b)to a numbered regulation is to the regulation in these Regulations bearing that number;

(c)in a regulation or the Schedule to a numbered paragraph is to the paragraph in that regulation or the Schedule bearing that number;

(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

Marginal Citations

M1S.I. 1992/2641. Regulations 3 and 11 were amended by S.I. 1995/1045 and S.I. 1996/2450. Regulation 5, 6, and 7 were amended by S.I. 1996/2450 and regulation 13 by S.I. 1996/182 and 1996/2450.

M31992 c.4. Regulation 10 was substituted by S.I. 1995/1045.

M5S.I. 1992/1812. Regulation 9A was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261, which also substituted regulation 10 and inserted regulation 10A.

M6S.I. 1992/2645. Regulation 8 was amended by S.I. 1995/913.

M7S.I. 1992/1813. Regulation 10 was amended by S.I. 1994/227, 1995/123, 1995/1045 and 1995/3261.

M8S.I. 1992/1815. Regulation 9 was amended by S.I. 1995/1045 and 1996/1945 and regulation 22 by S.I. 1993/913 and 1995/1045.

M9Paragraph (2) of regulation 1 has been amended by S.I. 1993/913, 1995/1045 and 3261.

DocumentsE+W+S

2.—(1) Except where express provision is made to the contrary, where, under any provision of these Regulations—

(a)any document is given or sent to the Secretary of State, that document shall, subject to paragraph (2), be treated as having been so given or sent on the date it is received by the Secretary of State; and

(b)any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, and subject to paragraph (3), be treated as having been given or sent on the second day after the day of posting, excluding any Sunday or any day which is a Bank Holiday in England, Wales, Scotland or Northern Ireland under the Banking and Financial Dealings Act 1971 M10.

(2) The Secretary of State may treat any document given or sent to him as given or sent on such day, earlier than the day it was received by him, as he may determine, if he is satisfied that there was unavoidable delay in his receiving the document in question.

(3) Where, by any provision of these Regulations, and in relation to a particular application, notice or notification—

(a)more than one document is required to be given or sent to a person, and more than one such document is sent by post to that person but not all the documents are posted on the same day; or

(b)documents are required to be given or sent to more than one person, and not all such documents are posted on the same day,

all those documents shall be treated as having been posted on the later or, as the case may be, the latest day of posting.

Marginal Citations

Determination of amountsE+W+S

3.—(1) Where any amount is required to be determined for the purposes of these Regulations, it shall be determined as a weekly amount and, except where the context otherwise requires, any reference to such an amount shall be construed accordingly.

(2) Where any calculation made under these Regulations results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half and shall be otherwise disregarded.]