Regulation 17 Relevant departure direction and relevant property transferI1

Northern Ireland

(1)

A relevant departure direction means a departure direction given in relation to the maintenance assessment which is the subject of the conversion decision where that direction was given under the provisions of the former Order and Regulations made under that Order and, where it is one to which one of the following paragraphs applies.

(2)

This paragraph applies to a departure direction given on the special expenses grounds in head (b) (contact costs) or (d) (debts of the relationship) of paragraph 2(3) of Schedule 4B to the former Order^f1 where and to the extent that they exceed the threshold amount which is—

(a)

£15 per week where the expenses fall within only one of those heads and, where the expenses fall within both heads, £15 per week in respect of the aggregate of those expenses, where the net weekly income is £200 or more; or

(b)

£10 per week where the expenses fall within only one of those heads and, where the expenses fall within both heads, £10 per week in respect of the aggregate of those expenses, where the net weekly income is below £200,

and for this purpose “net weekly income” means the income which would otherwise be taken into account for the purposes of the conversion decision including any additional income which falls to be taken into account under regulation 20.

(3)

This paragraph applies to a departure direction given on the ground in paragraph 2(3)(c) of Schedule 4B to the former Order (illness or disability costs) where the illness or disability is of a relevant other child.

(4)

This paragraph applies to a departure direction given on the ground in paragraph 3 of Schedule 4B to the former Order (property or capital transfers).

(5)

Subject to paragraph (6), this paragraph applies to a departure direction given on the additional cases grounds in paragraph 5(1) of Schedule 4B to the former Order and regulation 24 of the Departure Regulations (diversion of income) or paragraph 5(2)(b) of Schedule 4B to the former Order and regulation 25 of the Departure Regulations (life-style inconsistent with declared income).

F1(6)

Where, but for the application of a relevant departure direction referred to in paragraph (5), the new amount would be—

(a)

the first prescribed amount owing to the application of paragraph 4(1)(b) of Part I of Schedule 1 to the Order;

(b)

the amount referred to in sub-paragraph (a), but is less than that amount or is nil, owing to the application of paragraph 8 of Part I of that Schedule; or

(c)

the nil rate under paragraph 5(a) of Part I of that Schedule,

paragraph (5) applies where the amount of the additional income exceeds £100.

(7)

This paragraph applies to a departure direction given on the ground in paragraph 5(2)(a) of Schedule 4B to the former Order (assets capable of producing income) where the value of the assets taken into account is greater than £65,000.

(8)

A relevant property transfer is a transfer which was taken into account in the decision as to the maintenance assessment in respect of which the conversion decision is made owing to the application of Schedule 3A to the Maintenance Assessments and Special Cases Regulations (amount to be allowed in respect of transfers of property)^f2.

(9)

Where—

(a)

a relevant departure direction is taken into account for the purposes of a conversion calculation; or

(b)

a subsequent decision is made following the application of a relevant departure direction to a maintenance assessment,

the relevant departure direction shall for the purposes of any subsequent decision, including the subsequent decision in sub-paragraph (b), be a variation as if an application had been made under Article 28G of the Order for a variation in relation to the same ground and for the same amount.

F2(10)

Where –

(a)

a relevant property transfer is taken into account for the purposes of a conversion decision;

(b)

an application is made for a variation of a type referred to in paragraph 3 of Schedule 4B to the Order and Part IV of the Variations Regulations (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); and

(c)

the variation is agreed to,

the relevant property transfer shall cease to have effect from the effective date of the subsequent decision which resulted from the application for a variation.

Annotations

Textual amendments

F1: Reg. 17(6) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(8)
F2: Reg. 17(10) added (5.11.2003) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469), regs. 1(1), 7(4)

Commencement

I1: Reg. 17 comes into operation in accordance with reg. 1

Footnotes

f1: Schedule 4B was inserted by Schedule 2 to the Child Support (Northern Ireland) Order 1995
f2: Schedule 3A was inserted by regulation 9(17) of S.R. 1995 No. 162 and amended by S.R. 1995 No. 475 and S.R. 1999 Nos. 152 and 246 (C. 20)