The Child Support Departure Direction and Consequential Amendments Regulations 1996

[F1 Amendment of regulation 10 of the Maintenance Assessment Procedure RegulationsE+W+S

67.—(1) Regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment), shall be amended in accordance with the following provisions of this regulation.

(2) For sub-paragraphs (a) and (b) of paragraph (1), there shall be substituted the following sub-paragraphs—

“(a)makes a new or fresh maintenance assessment following an application under section 4, 6 or 7 of the Act, a review under section 16, 17, 18 or 19 of the Act, or the giving or cancellation of a departure direction;

(b)makes a new interim maintenance assessment under section 12 of the Act, substitutes an interim maintenance assessment for one which is in force in accordance with regulation 8 or 9, or gives or cancels a departure direction; or”.

(3) In paragraph (2), after sub-paragraph (h), there shall be added the following sub-paragraph—

“(i)where the notification under paragraph (1)(a) or (b) follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.”.

(4) After paragraph (2A), there shall be added the following paragraph—

“(2AA) where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”.

(5) For sub-paragraphs (a) and (b) of paragraph (2B) there shall be substituted the following sub-paragraphs—

“(a)the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);

(b)where known, the absent parent’s assessable income; and

(c)where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”.

(6) In paragraph (4) for sub-paragraph (d) there shall be substituted the following sub-paragraphs—

“(d)where a fresh maintenance assessment is made following a review under section 19 of the Act, sections 16, 17 and 18 of the Act;

(e)where a fresh maintenance assessment is made following the giving of a departure direction, sections 16, 17 and 18 of the Act.”.

(7) After paragraph (5) there shall be added the following paragraph—

“(6) Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall include information as to sections 16 and 19(1) of the Act.”.]