http://www.legislation.gov.uk/id/uksi/1996/2907

http://www.legislation.gov.uk/uksi/1996/2907/regulation/67

The Child Support Departure Direction and Consequential Amendments Regulations 1996

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Statute Law Database

FAMILY LAW;CHILD SUPPORT

2024-05-16

Expert Participation

2014-06-30

These Regulations provide for an application for a departure direction to be made, the effect of which, if given, would be to vary a child support maintenance assessment determined in accordance with the formula provisions of Part I of Schedule 1 to the Child Support Act 1991, and the regulations made under it.Regulations 1 to 3 contain interpretation provisions, provisions relating to documents and rounding provisions.Regulations 4 to 12 contain provisions relating to the manner in which an application is to be made, to the Secretary of State’s preliminary consideration of an application, where income support or income-based jobseeker’s allowance is payable, interim maintenance assessments, and reviews under section 17 of the Child Support Act 1991.Regulations 13 to 29 and the Schedule make provision in relation to cases in which a departure direction may be given: regulations 13 to 20 relate to special expenses, regulations 21 and 22 and the Schedule to property or capital transfers and regulations 23 to 29 to additional cases where a departure direction may be given.The Schedule contains a table for calculating the equivalent weekly value of a transfer of property. The factors in the table are derived from the standard formula used in annuity calculations.Regulation 30 prescribes factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction.Regulations 31 to 35 contain provisions as to the effective date and the duration of a departure direction.Regulations 36 to 44 contain provisions as to the maintenance assessment which is to be made in consequence of a departure direction.Regulations 45 and 46 contain provisions as to the imposition of a regular payments condition, and a departure direction having effect from a date earlier than the effective date of the current assessment.Regulations 47 to 50 contain transitional provisions and regulation 51 revokes the Child Support Departure Direction (Anticipatory Application) Regulations 1996.Regulations 52 to 68 provide for amendments to be made to five sets of Child Support Regulations which are consequential on the introduction of the departures system.These Regulations impose no costs on business.

F1PART XIII CONSEQUENTIAL AMENDMENTS

Annotations:

Amendments (Textual)

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)

Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations67

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.