Regulation 41 Child support maintenance payable following a departure direction which results in a decrease in an absent parent’s assessable income
Subject to paragraph (6), where the effect of a departure direction is to reduce an absent parent’s assessable income, and his assessable income following the direction is such that the case falls within paragraph 2(3) of Schedule 1 to the Act (additional element of maintenance payable), the child support maintenance payable following that direction shall be determined by a child support officer in accordance with paragraphs (2) to (4).
The child support officer shall first calculate the amount equal to A×P, where A is the absent parent’s assessable income following the departure direction and P has the value prescribed in regulation 5 of the Maintenance Assessments and Special Cases Regulations.
Subject to paragraph (5), the amount of child support maintenance payable in consequence of the direction shall be the lower of—
the amount calculated in accordance with paragraph (2);
the amount that would be payable under a maintenance assessment calculated by reference to the circumstances at the time the application is made, in accordance with the provisions of Part I of Schedule 1 to the Act.
Where the assessable income of an absent parent changes following a review under section 16, 17, 18 or 19 of the Act, the provisions of paragraph (3) shall be applied to—
the amount calculated under paragraph (2) which takes account of the change in assessable income; and
the amount payable under the maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act which takes account of that change in assessable income.
Where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) as modified by the provisions of regulation 38 apply following a departure direction, and the amount of child support maintenance payable under those provisions is lower than that payable under paragraph (3), the amount of child support maintenance payable shall be that payable under those provisions.
Where the effect of a departure direction (“the later direction”) is to change an absent parent’s assessable income and a departure direction which resulted in a change in that absent parent’s assessable income already has effect, the provisions of paragraphs (1) to (5) of this regulation shall, subject to the modification set out in paragraph (7), apply where—
the absent parent’s assessable income following the later direction is such that the case falls within paragraph 2(3) of Schedule 1 to the Act; and
the assessable income following the later direction is less than the assessable income would be if it were calculated in accordance with the provisions of Part I of Schedule 1 to the Act by reference to the circumstances at the time the application for the later direction is made.
The modification referred to in paragraph (6) is that in paragraph (2), A is the absent parent’s assessable income following the later direction.