Regulation 9 Departure directions and persons in receipt of income support, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance, universal credit or working tax creditF1F2F19F20F21F22
England, Wales and Scotland
The costs referred to in regulations 13 to 18 shall not constitute special expenses where they are or were incurred—
by an absent parent to or in respect of whom income supportF3, state pension creditF4, income-related employment and support allowanceF5, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
by a person with care to or in respect of whom income supportF6, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowanceF7, working tax credit or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect; or
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income supportF8, state pension credit, income-related employment and support allowanceF9, income-based jobseeker’s allowance or relevant universal credit 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.
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—
by an absent parent to or in respect of whom income supportF10, state pension credit, income-related employment and support allowanceF11, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
by a person with care and, at the date on which any departure direction given in response to that application would take effect, income supportF12, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance or relevant universal credit 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.
A case shall not constitute a case under regulations 23 to 29 where the application is made—
by an absent parent to or in respect of whom income supportF13, state pension credit, income-related employment and support allowanceF14, income-based jobseeker’s allowance or relevant universal credit is or was in payment at the date on which any departure direction given in response to that application would take effect;
by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income supportF15, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowanceF16, working tax credit or relevant universal credit 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;
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income supportF17, state pension credit, income-related employment and support allowanceF18, income-based jobseeker’s allowance or relevant universal credit 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.
Annotations
Textual amendments
- F1
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)
- F2
Reg. 9 substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 8 (with reg. 59)
- F3
Words in reg. 9(1)(a) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F4
Words in reg. 9 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 60(3)(b)
- F5
Words in reg. 9(1)(a) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(b)(i)
- F6
Words in reg. 9(1)(b) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F7
Words in reg. 9(1)(b) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(b)(ii)
- F8
Words in reg. 9(1)(c) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F9
Words in reg. 9(1)(c) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(b)(i)
- F10
Words in reg. 9(2)(a) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F11
Words in reg. 9(2)(a)(b) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(c)
- F12
Words in reg. 9(2)(b) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F13
Words in reg. 9(3)(a) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F14
Words in reg. 9(3)(a) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(d)(i)
- F15
Words in reg. 9(3)(b) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F16
Words in reg. 9(3)(b) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(d)(ii)
- F17
Words in reg. 9(3)(c) inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F18
Words in reg. 9(3)(c) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(d)(i)
- F19
Words in reg. 9 heading inserted (5.11.2003) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/2779), regs. 1, 2(a)
- F20
Words in reg. 9 heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 60(3)(a)
- F21
Words in reg. 9 heading inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 42(3)(a)
- F22
Words in reg. 9 heading substituted (6.4.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 4(2)