Regulation 43 Maintenance assessment following a departure direction where there is a phased maintenance assessment

Where a departure direction is given in a case falling within a relevant enactment, the assessment made in consequence of that direction shall be the assessment that fixes the amount of child support maintenance that would be payable but for the provisions of that enactment (“the unadjusted departure amount”).

Where a departure direction takes effect on the effective date of a maintenance assessment to which the provisions of a relevant enactment become applicable, those provisions shall remain applicable to that case following the departure direction.

Where a departure direction takes effect on a date later than the date on which the provisions of a relevant enactment become applicable to a maintenance assessment, the amount of child support maintenance payable in consequence of that direction shall be—

Regulation 31 shall have effect for cases falling within this regulation as if “current amount” referred to the amount payable under the maintenance assessment that would be in force when the departure direction is given but for the provisions of the relevant enactment and “revised amount” referred to the unadjusted departure amount.

In this regulation—

• “the 1992 enactment” means Part II of the Schedule to the Child Support Act 1991 (Commencement No. 3 and Transitional Provisions) Order 1992^f1 (modification of maintenance assessment in certain cases);

• “the 1994 enactment” means Part III of the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994^f2 (transitional provisions);

• “formula amount” has the same meaning as in the relevant enactment;

• “phased amount” means—

  1. (a)

     where the 1992 enactment is applicable to the particular case, the modified amount as defined in paragraph 6 of that enactment;

  2. (b)

     where the 1994 enactment is applicable to the particular case, the transitional amount as defined in regulation 6(1) of that enactment;

• “relevant enactment” means—

  1. (a)

     the 1992 enactment where that enactment is applicable to the particular case;

  2. (b)

     the 1994 enactment where that enactment is applicable to the particular case.