F7PART VII EFFECTIVE DATE AND DURATION OF A DEPARTURE DIRECTION
Effective date of a departure direction32
1
Where an application is made on the grounds set out in section 28A(2)(a) of the Act (the effect of the current assessment) and that application is given or sent within F3one month of the date of notification of the current assessment (whether or not that assessment has been made following an interim maintenance assessment), a departure direction given in response to that application shall take effect—
a
where it is given on grounds that relate to the whole of the period between the effective date of the current assessment and the date on which that assessment is made, on the effective date of that assessment;
b
in a case not falling within sub-paragraph (a), on the first day of the maintenance period following the date upon which the circumstances giving rise to that application first arose.
2
Where an application is made on the grounds set out in section 28A(2)(a) of the Act (the effect of the current assessment) and that application is given or sent later than F3one month after the date of notification of the current assessment (whether or not that assessment has been made following an interim maintenance assessment)—
a
subject to sub-paragraph (b), a departure direction given in response to that application shall take effect on the first day of the maintenance period during which that application is received;
b
where the Secretary of State is satisfied that there was unavoidable delay, he may, for the purposes of determining the date on which a departure direction takes effect, treat the application as if it were given or sent within 28 days of the date of notification of the current assessment.
3
The provisions of paragraphs (1) and (2) are subject to the provisions of F1paragraphs (3A) and (6) and of regulations 47 to 50.
F23A
F4Subject to paragraph (3B), where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect—
a
from the first day of the maintenance period immediately following the date on which the absent parent and the parent with care have agreed the pattern of contact for the future is to commence; or
b
where no such date has been so agreed, from the first day of the maintenance period immediately following the date upon which the departure direction is given.
F53B
For the purposes of paragraph (3A), paragraph (8) of regulation 14 shall not apply.
4
Subject to paragraph (6), where an application for a departure direction is made on the grounds set out in section 28A(2)(b) of the Act (a material change in the circumstances of the case since the current assessment was made), any departure direction given shall take effect on the first day of the maintenance period during which the application was received.
5
An application may be made on the grounds set out in section 28A(2)(b) of the Act only if the material change in the circumstances on which it is based has already occurred.
6
Where—
a
an application has been determined in accordance with regulation 15(4)(b);
b
a subsequent application is made with respect to special expenses falling within regulation 15(1) each of which is an expense in respect of which the earlier application was made; and
c
the Secretary of State is satisfied that there was good cause for the applicant or his dependant not applying for disability living allowance or, as the case may be, attendance allowance within the six week period specified in regulation 15(4)(a),
any departure direction given in response to the later application shall take effect from the date that the earlier direction had effect, or would have had effect if an earlier direction had been given.
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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)