The Child Support Departure Direction (Anticipatory Application) Regulations 1996

Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations

42.—(1) Where the provisions of regulation 41 are applicable to a case falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations(1) (multiple applications relating to an absent parent), provisions of shall apply for the purposes of determining the total maintenance payable in consequence of a departure direction.

(2) In a case falling within paragraph (1), the amount of child support maintenance payable in respect of each application for child support maintenance following the direction shall be the total maintenance payable in consequence of the direction divided in the ratio that the maintenance assessments calculated in accordance with the provisions of Part I of Schedule 1 to the Act in respect of each application bear to each other.

(3) Where, in a case falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations, a departure direction has been given in respect of an absent parent in a case falling within paragraph 3 of Schedule 4B to the Act (property or capital transfers), the equivalent weekly value of the transfer of property as calculated in accordance with regulation 22 shall be deducted from the amount of any maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act in respect of the person with care or child to or in respect of whom the property transfer was made.

(1)

Regulation 22 was amended by regulation 23 of S.I. 1993/913, regulation 51 of S.I. 1995/1045 and regulation 45 of S.I. 1995/3261.