# The Child Support Departure Direction (Anticipatory Application) Regulations 1996, Regulation 25: Life-style inconsistent with declared income


(1) Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where the Secretary of State is satisfied that the current maintenance assessment is based upon a level of income of the non-applicant which is substantially lower than the level of income required to support the overall life-style of that non-applicant.
(2) Paragraph (1) shall not apply where—
(a) income support is paid to or in respect of the non-applicant;
(b) the Secretary of State is satisfied that the life-style of the non-applicant is paid for—
(i) out of capital belonging to him; or
(ii) by his partner unless the non-applicant is able to influence or control the amount of income received by that partner.
(3) Where the Secretary of State is satisfied that the life-style of the non-applicant is paid for by his partner, the Secretary of State shall, whether or not any application on that ground has been made, consider whether the case falls within regulation 27.

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Source: https://www.legislation.gov.uk/uksi/1996/635/regulation/25 (the official version)
Page: https://openlegislation.uk/child-support-departure-direction-anticipatory-application-regulations-1996/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.