Regulation 45 Regular payments conditionF1
For the purposes of section 28C(2)(b) of the Act (regular payments condition—reduced payments), reduced payments shall, subject to paragraph (3), be such payments as would be equal to the payments of child support maintenance fixed by the fresh maintenance assessment that would be made if the circumstances of the case were those set out in paragraph (2).
The circumstances referred to in paragraph (1) are—
the Secretary of State is satisfied that the case is one which falls within paragraph 2 of Schedule 4B to the Act (special expenses);
the Secretary of State is satisfied that the expenses claimed by the absent parent are both being incurred and, for a case falling within regulation 13 (costs incurred in travelling to work), 14 (contact costs) or 15 (illness or disability), are neither unreasonably high nor being unreasonably incurred, and that it is just and equitable to give a departure direction in respect of the whole of those expenses; and
a departure direction is given in response to the application.
Where the Secretary of State considers it likely that the expenses incurred by the absent parent are lower than those claimed by him or are not reasonably incurred, he may fix such amount as he considers to be reasonable in all the circumstances of the case.
Where the absent parent, following written notice under section 28C(8) of the Act, fails within 28 days of that notice to comply with the regular payments condition that was imposed on him, the application shall lapse.
Annotations
Textual amendments
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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)