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[F1PART IXE+W+S MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION: PARTICULAR CASES

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)

Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the ActE+W+S

42.—[F2(1) Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 2 of Schedule 4B to the Act (special expenses) and paragraph 3 of that Schedule (property or capital transfers), regulation 41 shall be applied subject to the modifications set out in paragraphs (1A) to (3).

(1A) In paragraph (1) of regulation 41, the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the reference to the absent parent’s assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.]

(2) Where the exempt income of an absent parent includes a component of exempt income determined in accordance with regulation 9(1)(bb) of the Maintenance Assessments and Special Cases Regulations, that amount shall be excluded—

(a)in calculating the amount A defined in paragraph (2) of regulation 41;

(b)in calculating the maintenance assessment specified in paragraph (3) of regulation 41.

[F3(3) For the purposes of this regulation, the revised amount for the purposes of regulations 7 and 31 shall be—

(a)subject to sub-paragraph (b), the lower of the amounts specified in sub-paragraphs (a) and (b) of paragraph (4) of regulation 41, subject to paragraph (2) of this regulation, less the amount determined in accordance with regulation 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);

(b)where the amount specified in sub-paragraph (c) of paragraph(4) of regulation 41 is lower than the amount determined in accordance with sub-paragraph (a), that amount.]

(4) Where the application of the provisions of paragraph (3) results in a departure direction being given, the amount of child support maintenance payable following that direction shall be [F4determined by [F5the Secretary of State] as being] the revised amount as defined in paragraph (3).]

Textual Amendments

F2Reg. 42(1)(1A) substituted for reg. 42(1) (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 24(2) (with reg. 59)