Regulation 21 Amendment of regulation 39 of the Departure Direction RegulationsI1

For sub-paragraph (b) of paragraph (1) of regulation 39 of the Departure Direction Regulations (effect of a departure direction in respect of a transfer of property), there shall be substituted the following sub-paragraph—

“(b)

subject to sub-paragraph (c) and paragraphs (2) and (3), the fresh maintenance assessment made in consequence of the direction shall be the lower of—

(i)

the amount, calculated in accordance with the provisions of paragraphs 1 to 5 and 7 to 10 of Part I of Schedule 1 to the Act, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question, reduced by the amount specified in that departure direction being the whole or part of the equivalent weekly value of the property transferred as determined in accordance with regulation 22; or

(ii)

where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) apply, the amount, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question;”.