The Child Support (Miscellaneous Amendments) Regulations 1998

Substitution of regulation 9 of the Departure Direction Regulations

8.  For regulation 9 of the Departure Direction Regulations (departure directions and persons in receipt of income support or income-based jobseeker’s allowance) there shall be substituted the following regulation—

“Departure directions and persons in receipt of income support, income-based jobseeker’s allowance, family credit or disability working allowance

9.—(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 support or income-based jobseeker’s allowance 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 support, income-based jobseeker’s allowance, family credit or disability working allowance 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 support or income-based jobseeker’s allowance 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 support or income-based jobseeker’s allowance 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 support or income-based jobseeker’s allowance 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 support or income-based jobseeker’s allowance 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 support, income-based jobseeker’s allowance, family credit or disability working allowance 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 support or income-based jobseeker’s allowance 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.”.