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The Child Support Departure Direction and Consequential Amendments Regulations 1996

S.I. 1996/2907 · Made 20 November 1996 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 June 2014.

C1FAMILY LAW

CHILD SUPPORT

Made 20th November 1996

Coming into force 2nd December 1996

M1 Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 14(3), 21, 28A(3), 28B(2)(b), 28C, 28E(5), 28F, 28G, 28I(4)(c), 42, 51, 52(4) and 54M2 of, and paragraph 5 of Schedule 1, paragraphs 2, 4, 6, 7 and 9 of Schedule 4A and Schedule 4B to the Child Support Act 1991 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992M3, hereby makes the following Regulations:C2

Annotations to the whole text

Textual amendments

F1

Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)

Marginal citations

M1

1991.c.48. Section 28A to 28I of and Schedules 4A and 4B to the Child Support Act 1991 were inserted by the Child Support Act 1995 (1995 c.34).

M2

Section 54 is cited because of the meaning ascribed to the words “maintenance assessment" and “prescribed".

M3

1992 c.53.

Modifications

C1

These Regulations have been revoked for particular cases only by The Child Support (Variations) Regulations 2000 (S.I. 2001/156) reg. 33 (with saving at reg. 33(2)) whereby this revocation comes into force in relation to a particular case on the date on which section 5 of the Child Support, Pensions and Social Security Act 2000 c.19 comes into force in relation to that type of case, which is 03/03/2003 for the cases detailed in article 3 of The Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (S.I. 2003/192).

C2

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. 2Documents
  4. 3Determination of amounts
  5. Part II: PROCEDURE ON AN APPLICATION FOR A DEPARTURE DIRECTION AND PRELIMINARY CONSIDERATION
  6. 4Application for a departure direction
  7. 5Amendment or withdrawal of application
  8. 6Provision of information
  9. 7Rejection of application on completion of a preliminary consideration
  10. 8Procedure in relation to the determination of an application
  11. 8AProcedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction
  12. 9Departure directions and persons in receipt of income support, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance, universal credit or working tax credit
  13. 10Departure directions and interim maintenance assessments
  14. 11Departure application and review under section 17 of the Act Repealed
  15. 11AMeaning of “current assessment” for the purposes of the Act
  16. 12Meaning of “benefit" for the purposes of section 28E of the Act
  17. Part III: SPECIAL EXPENSES
  18. 13Costs incurred in travelling to work
  19. 14Contact costs
  20. 15Illness or disability
  21. 16Debts incurred before the absent parent became an absent parent
  22. 17Pre-1993 financial commitments
  23. 18Costs incurred in supporting certain children
  24. 19Special expenses for a case falling within regulation 13, 14, 16 or 17
  25. 20Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given
  26. Part IV: PROPERTY OR CAPITAL TRANSFERS
  27. 21Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Act
  28. 22Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act
  29. Part V: ADDITIONAL CASES
  30. 23Assets capable of producing income or higher income
  31. 24Diversion of income
  32. 25Life-style inconsistent with declared income
  33. 26Unreasonably high housing costs
  34. 27Partner’s contribution to housing costs
  35. 28Unreasonably high travel costs
  36. 29Travel costs to be disregarded
  37. Part VI: FACTORS TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF SECTION 28F OF THE ACT
  38. 30Factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction
  39. Part VII: EFFECTIVE DATE AND DURATION OF A DEPARTURE DIRECTION
  40. 31Refusal to give a departure direction under section 28F(4)of the Act
  41. 32Effective date of a departure direction
  42. 32ARevision of decisions
  43. 32BLate applications for a revision
  44. 32CDate from which a revision of a decision takes effect
  45. 32DSupersession of decisions
  46. 32EDate from which a superseding decision takes effect
  47. 32FCancellation of departure directions
  48. 32GNotification of right of appeal, decision and reasons for decision
  49. 33Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances Repealed
  50. 34Cancellation of a departure direction on recognition of an error Repealed
  51. 34ACorrection of accidental errors in departure directions
  52. 35Termination and suspension of departure directions
  53. Part VIII: MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION
  54. 36Effect of a departure direction—general
  55. 37Effect of a departure direction in respect of special expenses—exempt income
  56. 38Effect of a departure direction in respect of special expenses—protected income
  57. 39Effect of a departure direction in respect of a transfer of property
  58. 40Effect of a departure direction in respect of additional cases
  59. Part IX: MAINTENANCE ASSESSMENT FOLLOWING A DEPARTURE DIRECTION: PARTICULAR CASES
  60. 41Child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income but case still fell within paragraph 2(3) of Schedule 1 to the Act
  61. 42Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act
  62. 42AApplication of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act
  63. 43Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations
  64. 44Maintenance assessment following a departure direction where there is a phased maintenance assessment
  65. Part X: MISCELLANEOUS
  66. 45Regular payments condition
  67. 46Special case—departure direction having effect from date earlier than effective date of current assessment
  68. 46ACases to which regulation 11A applies
  69. Part XI: TRANSITIONAL PROVISIONS
  70. 47Transitional provisions—application before 2nd December 1996
  71. 48Effective date of departure direction for a case falling within regulation 47
  72. 49Transitional provisions—no application before 2nd December 1996
  73. 50Transitional provisions—new maintenance assessment made before 2nd December 1996 whose effective date is on or after 2nd December 1996
  74. Part XII: REVOCATION
  75. 51Revocation of the Departure Direction Anticipatory Application Regulations
  76. Part XIII: CONSEQUENTIAL AMENDMENTS
  77. 52Amendment of regulation 1 of the Appeals Regulations
  78. 53Amendment of regulation 3 of the Appeals Regulations
  79. 54Amendment of regulation 5 of the Appeals Regulations
  80. 55Amendment of regulation 6 of the Appeals Regulations
  81. 56Amendment of regulation 7 of the Appeals Regulations
  82. 57Amendment of regulation 10 of the Appeals Regulations
  83. 58Amendment of regulation 11 of the Appeals Regulations
  84. 59Insertion of regulations 11A and 11B into the Appeals Regulations
  85. 60Amendment of regulation 13 of the Appeals Regulations
  86. 61Amendment of regulation 14 of the Appeals Regulations
  87. 62Amendment of regulation 10 of the Arrears Regulations
  88. 63Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations
  89. 64Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations
  90. 65Amendment of regulation 10 of the Information, Evidence and Disclosure Regulations
  91. 66Amendment of regulation 10A of the Information, Evidence and Disclosure Regulations
  92. 67Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations
  93. 68Amendment of the Maintenance Assessments and Special Cases Regulations
  94. Signature
  95. Schedule: EQUIVALENT WEEKLY VALUE OF A TRANSFER OF A PROPERTY
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. 4Paragraph 4
  100. 5Paragraph 5 Repealed
  101. Explanatory note