Regulation 1 Citation, commencement and interpretationF1

These Regulations may be cited as the Child Support Departure Direction and Consequential Amendments Regulations 1996 and shall come into force on 2nd December 1996.

In these Regulations, unless the context otherwise requires—

• “the Act" means the Child Support Act 1991;

• “the Appeal Regulations" means the Child Support Appeal Tribunals (Procedure) Regulations 1992 M1;

• “applicant" has the same meaning as in Schedule 4B to the Act;

• “application" meansF2, except in regulations 32A to 32G, an application for a departure direction;

• “Arrears Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 M2;

• F3...

• “Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 M3;

• “Departure Direction Anticipatory Application Regulations" means the Child Support Departure Direction (Anticipatory Application) Regulations 1996 M4;

• “departure direction application form" means the form provided by the Secretary of State in accordance with regulation 4(1);

• F4“designated authority” means—

  1. (a)

     the Secretary of State;

  2. (b)

     a person providing services to the Secretary of State;

  3. (c)

     a local authority; or

  4. (d)

     a person providing services to, or authorised to exercise any functions of, any such authority;

• “effective date" in relation to a departure direction means the date on which that direction takes effect;

• F5“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

• “Information, Evidence and Disclosure Regulations" means the Child Support (Information, Evidence and Disclosure) Regulations 1992 M5;

• “Maintenance Arrangements and Jurisdiction Regulations" means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 M6;

• “Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992 M7;

• “Maintenance Assessments and Special Cases Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M8;

• “maintenance period" has the same meaning as in regulation 33 of the Maintenance Assessment Procedure Regulations;

• “non-applicant" means—

  1. (a)

     where the application has been made by a person with care, the absent parent;

  2. (b)

     where the application has been made by an absent parent, the person with care;

• F6“official error" means an error made by–

  1. (a)

     an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;

  2. (b)

     F7a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

  but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of F8the Upper Tribunal or the court;

• “partner" has the same meaning as in paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations M9;

• “relevant person" means—

  1. (a)

     an absent parent, or a person who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations (persons treated as absent parents), whose liability under a maintenance assessment may be affected by any departure direction given following an application;

  2. (b)

     a person with care, or a child to whom section 7 of the Act applies, where the amount of child support maintenance payable under a maintenance assessment relevant to that person with care or that child may be affected by any departure direction given following an applicationF9;

• “relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;

• “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

In these Regulations, unless the context otherwise requires, a reference—