“Application of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act42A.

(1)

Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 5 of Schedule 4B to the Act (additional cases) and paragraph 2 of that Schedule (special expenses), and the conditions set out in paragraph (1) of regulation 41 are satisfied, the amount of child support maintenance payable shall be determined in accordance with paragraphs (2) to (6).

(2)

The application shall in the first instance be treated as an application (an “additional cases application”) made solely on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, and a determination shall be made as to whether a departure direction would be given in response to that application.

(3)

Following the determination mentioned in paragraph (2), the application shall be treated as an application (a “special expenses application”) made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the provisions of regulation 41 shall be applied to the special expenses application, subject to the provisions of paragraphs (4) to (6).

(4)

Where no departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable.

(5)

Where a departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable, subject to the modification set out in paragraph (6).

(6)

For paragraph (3) of regulation 41 there shall be substituted the following paragraph—

“(3)

There shall be determined the amount that would be payable under the maintenance assessment made in consequence of the direction that would be given in response to the additional cases application mentioned in paragraph (2) of regulation 42A which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.”.

(7)

Where—

(a)

a departure direction has been given in a case where regulation 41 has been applied and an application is then made on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act; or

(b)

a departure direction has been given on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, an application is then made on the grounds that the case falls within paragraph 2 of that Schedule, and the conditions set out in paragraph (1) of regulation 41 are satisfied,

the case shall be treated as a case which falls within paragraph (1), and the date of the later application treated as the date on which both applications were made.

(8)

Where a departure direction is given in accordance with the provisions of paragraph (7), the earlier direction shall cease to have effect from the date the later direction has effect.”.