F1PART II PROCEDURE ON AN APPLICATION FOR A DEPARTURE DIRECTION AND PRELIMINARY CONSIDERATION
F2Departure directions and persons in receipt of income supportF3, state pension creditF4, income-related employment and support allowance, income-based jobseeker’s allowance, F5universal creditF6or working tax credit9.
(1)
The costs referred to in regulations 13 to 18 shall not constitute special expenses where they are or were incurred—
(a)
by an absent parent to or in respect of whom income supportF7, state pension creditF8, income-related employment and support allowanceF9, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
(b)
by a person with care to or in respect of whom income supportF10, state pension creditF8, income-related employment and support allowance, income-based jobseeker’s allowanceF11, working tax credit or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect; or
(c)
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income supportF12, state pension creditF8, income-related employment and support allowanceF13, income-based jobseeker’s allowance or relevant universal credit is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.
(2)
A transfer shall not constitute a transfer of property for the purposes of paragraph 3(1)(b) or 4(1)(b) of Schedule 4B to the Act, or of regulations 21 and 22, where the application is made—
(a)
by an absent parent to or in respect of whom income supportF14, state pension creditF8, income-related employment and support allowanceF15, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
(b)
by a person with care and, at the date on which any departure direction given in response to that application would take effect, income supportF16, state pension creditF8, income-related employment and support allowanceF15, income-based jobseeker’s allowance or relevant universal credit is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.
(3)
A case shall not constitute a case under regulations 23 to 29 where the application is made—
(a)
by an absent parent to or in respect of whom income supportF17, state pension creditF8, income-related employment and support allowanceF18, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
(b)
by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income supportF19, state pension creditF8, income-related employment and support allowance, income-based jobseeker’s allowanceF20, working tax credit or relevant universal credit is or was in payment to or in respect of the person with care of the child or children in relation to whom the maintenance assessment in question is made;
(c)
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income supportF21, state pension creditF8, income-related employment and support allowanceF22, income-based jobseeker’s allowance or relevant universal credit is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment is made.