The Child Support Departure Direction and Consequential Amendments Regulations 1996

[F1 Special case—departure direction having effect from date earlier than effective date of current assessment E+W+S

46.— (1) A case shall be treated as a special case for the purposes of the Act if the conditions specified in paragraph (2) are satisfied.

(2) The conditions are—

(a) liability to pay child support maintenance commenced earlier than the effective date of the maintenance assessment in force (“the current assessment");

(b) an application is made F2 ... in relation to the current assessment which results in a departure direction being given in respect of that assessment [F3 or, where regulation 11A (meaning of “current assessment” for the purposes of the Act) applies, in respect of the fresh maintenance assessment referred to in that regulation];

(c) the applicant was unable to make an application on a date falling within a period in respect of which an earlier assessment had effect because he had not been notified of that earlier assessment during that period; and

(d) if the applicant had been able to make such an application and had done so, the Secretary of State is satisfied that a departure direction would have been given in response to that application.

(3) Where a case falls within paragraph (2), references to “the current assessment" and “the current amount" in these Regulations shall be construed as including references to an earlier assessment falling within paragraph (2)(c) and to the amount of child support maintenance fixed by it, and these Regulations shall be applied to such an earlier assessment accordingly.]

Textual Amendments

F1 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)

F2 Words in reg. 46(2)(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 3

F3 Words in reg. 46(2)(b) added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 28 (with reg. 59)