The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

• (a) the Department is satisfied that the case is one which falls within paragraph 2 of Schedule 4B to the Order (special expenses);

• (b) the Department is satisfied that the expenses claimed by the absent parent are both being incurred and, for a case falling within regulation 13 (costs incurred in travelling to work), 14 (contact costs) or 15 (illness or disability), are neither unreasonably high nor being unreasonably incurred, and that it is just and equitable to give a departure direction in respect of the whole of those expenses; and

• (c) a departure direction is given in response to the application.

• (3) Where the Department considers it likely that the expenses incurred by the absent parent are lower than those claimed by him or are not reasonably incurred, it may fix such amount as it considers to be reasonable in all the circumstances of the case.

• (4) Where the absent parent, following written notice under Article 28C(8) of the Order, fails within 28 days of that notice to comply with the regular payments condition that was imposed on him, the application shall lapse.

Special case — departure direction having effect from date earlier than effective date of current assessment

46

• (1) A case shall be treated as a special case for the purposes of the Order if the conditions specified in paragraph (2) are satisfied.

• (2) The conditions are—

• (a) liability to pay child support maintenance commenced earlier than the effective date of the maintenance assessment in force (“the current assessment”);

• (b) an application is made or treated as made in relation to the current assessment which results in a departure direction being given in respect of that assessment;

• (c) the applicant was unable to make an application on a date falling within a period in respect of which an earlier assessment had effect because he had not been notified of that earlier assessment during that period; and

• (d) if the applicant had been able to make such an application and had done so, the Department is satisfied that a departure direction would have been given in response to that application.

• (3) Where a case falls within paragraph (2), references to “the current assessment” and “the current amount” in these Regulations shall be construed as including references to an earlier assessment falling within paragraph (2)(c) and to the amount of child support maintenance fixed by it, and these Regulations shall be applied to such an earlier assessment accordingly.

Part XI — Transitional Provisions

Transitional provisions — maintenance assessment in force prior to 2nd December 1996

47

Where—

• (a) a maintenance assessment was in force on 2nd December 1996; and

• (b) an application is made by any of the persons with respect to whom that assessment was made on the grounds set out in Article 28A(2)(a) of the Order (the effect of the current assessment) on or after that date and before 2nd December 1997,

any departure direction given in response to that application shall take effect on the first day of the first maintenance period commencing on or after 2nd December 1996.

Transitional provisions — new maintenance assessment made before 2nd December whose effective date is on or after 2nd December 1996

48

Where a new maintenance assessment is made before 2nd December 1996 but the effective date of that assessment is a date on or after 2nd December 1996—

• (a) the provisions of regulation 32(1) shall apply as if for the reference to an application being given or sent within 28 days of the date of notification of the current assessment there were substituted a reference to an application being given or sent before 30th December 1996;

• (b) the provisions of regulation 32(2) shall apply as if for the reference to an application being given or sent later than 28 days after the date of notification of the current assessment there were substituted a reference to an application being given or sent after 29th December 1996.

Part XII — Consequential Amendments

Amendment of the Child Support (Information, Evidence and Disclosure) Regulations

49

• (1) The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992[^f00030] shall be amended in accordance with paragraphs (2) to (5).

• (2) In regulation 8 (disclosure of information to a court or tribunal)—

• (a) the existing provision shall be numbered as paragraph (1);

• (b) after paragraph (1) there shall be added the following paragraph—

(2) For the purposes of this regulation “proceedings” includes the determination of an application referred to a child support appeal tribunal under Article 28D(1)(b) of the Order.

• (3) In regulation 9A(2)[^f00031] (disclosure of information to other persons) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) the personal representative of a relevant person where— (i) a review of appeal was pending at the date of death of that person and the personal representative is dealing with that review or appeal on behalf of that person, or (ii) an application for a departure direction had been made but not determined at the date of death of that person and the personal representative is dealing with that application on behalf of that person;

• (4) In regulation 10(1)[^f00032] (disclosure of information by the Department) for “or in connection with an assessment which is or has been in force” there shall be substituted “, an assessment which is or has been in force or in connection with a departure direction”.

• (5) In regulation 10A(2)[^f00033] (disclosure of information by a child support officer) the words “or in connection with” shall be omitted and at the end there shall be added “or in connection with a departure direction”.

Amendment of the Maintenance Assessment Procedure Regulations

50

In regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment)—

• (a) in paragraph (1)[^f00034] for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

(a) makes a new or fresh maintenance assessment following an application under Article 7 or 9 of the Order[^f00035], a review under Article 18, 19, 20 or 21 of the Order[^f00036], or the giving or cancellation of a departure direction; (b) makes a new interim maintenance assessment under Article 14 of the Order, substitutes an interim maintenance assessment for one which is in force in accordance with regulation 8 or 9, or gives or cancels a departure direction; or

• (b) in paragraph (2) after sub-paragraph (h)[^f00037] there shall be added the following sub-paragraph—

(i) where the notification under paragraph (1)(a) or (b) follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Order, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.

• (c) after paragraph (2A)[^f00038] there shall be inserted the following paragraph—

(2AA) Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

• (d) in paragraph (2B)[^f00039] for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

(a) the matters listed in paragraph (2)(a), (b) and (d) to (f); (b) where known, the absent parent’s assessable income; and (c) where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

• (e) in paragraph (4) after sub-paragraph (d)[^f00040] there shall be added the following sub-paragraph—

(e) where a fresh maintenance assessment is made following the giving of a departure direction, Articles 18, 19 and 20 of the Order.

; and

• (f) after paragraph (5)[^f00041] there shall be added the following paragraph—

(6) Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall include information as to Articles 18 and 21(1) of the Order.

Amendment of the Maintenance Assessments and Special Cases Regulations

51

• (1) The Maintenance Assessments and Special Cases Regulations shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1 (citation, commencement and interpretation)—

• (a) in paragraph (2) after the definition of “day to day care”[^f00042] there shall be inserted the following definition—

• “Departure Direction and Consequential Amendments Regulations” means the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996;

; and

• (b) in paragraph (3) at the beginning there shall be inserted “These Regulations are subject to the provisions of Parts VIII and IX of the Departure Direction and Consequential Amendments Regulations and”.

• (3) In regulation 9(2)(c) (exempt income: calculation or estimation of E) after head (iv) there shall be added the following head[^f00043]—

(v) where a departure direction has been given on the grounds that a case falls within regulation 27 of the Departure Direction and Consequential Amendments Regulations (partner’s contribution to housing costs), the amount of the housing costs which corresponds to the percentage of the housing costs mentioned in regulation 40(7) of those Regulations.

• (4) In regulation 22(2)[^f00044] (multiple applications relating to an absent parent)—

• (a) after “and in these Regulations” there shall be inserted “, and subject to paragraph (2ZA),”; and

• (b) after paragraph (2) there shall be inserted the following paragraph—

(2ZA) Where a case falls within regulation 39(1)(a) of the Departure Direction and Consequential Amendments Regulations, for the purposes of assessing the amount of child support maintenance payable in respect of an application for child support maintenance before a departure direction in respect of the maintenance assessment in question is given, for references to the assessable income of an absent parent in the Order and in these Regulations there shall be substituted references to the amount calculated by the formula— $$(A+T)×BD$ where, A, T, B and D have the same meanings as in paragraph (2).$

Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations

52

In regulation 10(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[^f00045] (adjustment of the amount payable under a maintenance assessment) after “subsequently” there shall be inserted “revised as a result of a departure direction having been given or”.

Amendment of the Child Support Appeal Tribunals (Procedure) Regulations

53

• (1) The Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993[^f00046] shall be amended in accordance with paragraphs (2) to (11).

• (2) In regulation 1(2) (citation, commencement and interpretation)—

• (a) in the definition of “party to the proceedings”—

• (i) in sub-paragraph (c) after “officer” there shall be inserted “except where the proceedings relate only to an appeal under Article 28H of the Order or to a referral”;

• (ii) after sub-paragraph (c) there shall be inserted the following sub-paragraph—

(cc) the Department where the proceedings relate to an appeal under Article 28H of the Order;

• (b) in the definition of “proceedings” for “or application” there shall be substituted “, application or referral”;

• (c) after the definition of “proceedings” there shall be inserted the following definition—

• “referral” means a reference by the Department to a tribunal under Article 28D(1)(b) of the Order;

; and

• (d) in the definition of “tribunal” after “Article 23 of” there shall be inserted “or regulations made under paragraph 9 of Schedule 4A to,”.

• (3) In regulation 3 (making an appeal or application and time limits)—

• (a) in paragraph (1)(a)[^f00047] after “Article 22(1)” there shall be inserted “, 28H(1)”; and

• (b) in paragraph (5) for “as the case may be, paragraph (4)” there shall be substituted “(4) or in Article 22(2) or 28H(3) of the Order, as the case may be”.

• (4) In regulation 5[^f00048] (directions)—

• (a) in paragraph (1) after “a chairman may” there shall be inserted “, subject to paragraph (3),”;

• (b) in paragraph (2) after “may” there shall be inserted “, subject to paragraph (3),”; and

• (c) after paragraph (2) there shall be added the following paragraphs—

(3) In the case of an appeal under Article 28H of the Order or of a referral, as the case may be, a direction requiring the Department to provide information shall have effect only if that information is information of which it is aware or which it has in its possession in connection with its functions under the Order. (4) Where a chairman is considering whether to give a direction under paragraph (1) or the terms of any direction, he may direct that an oral hearing be held by a tribunal to determine whether a direction shall be given under that paragraph and the terms of any direction which may be given. (5) The provisions of these Regulations shall apply to a hearing held under the provisions of paragraph (4).

• (5) In regulation 6 after paragraph (1B)[^f00049] (striking out of proceedings) there shall be inserted the following paragraph—

(1C) In the case of an appeal under Article 28H of the Order, no direction shall be given under paragraph (1B) requiring the Department to provide information other than information of which it is aware of which it has in its possession in connection with its functions under the Order.

• (6) In regulation 7 (withdrawal of appeals and applications)—

• (a) in paragraph (1)(b)[^f00050] in heads (i) and (ii) after “child support officer” there shall be inserted “or, in the case of an appeal under Article 28H of the Order, the Department”; and

• (b) in paragraph (1A)[^f00051] after “child support officer” there shall be inserted “or, in the case of an appeal under Article 28H of the Order, the Department”.

• (7) In regulation 10(1) (summoning of witnesses) for the words “appeal or application” wherever they appear there shall be substituted “appeal, application or referral”.

• (8) In regulation 11[^f00052] (hearings)—

• (a) in paragraphs (1), (2A) and (2B) for the words “appeal or application” wherever they appear there shall be substituted “appeal, application or referral”; and

• (b) in paragraph (8) after sub-paragraph (d) there shall be inserted the following sub-paragraph—

(dd) any person undergoing training to enable him to act in the name of the Department in relation to applications for a departure direction under Article 28A of the Order and any person acting on behalf of the Department in the training or supervision of persons undergoing that training or in the monitoring of standards of decisions made by persons on behalf of the Department in relation to those applications;

• (9) After regulation 11 there shall be inserted the following regulations—

(11A) (1) The prescribed circumstances for the purpose of paragraph 9 of Schedule 4A to the Order (child support appeal tribunals) are— (a) in relation to a referral, where an application has been made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Order; (b) in relation to an appeal under Article 28H of the Order, where that appeal is against the rejection of an application by the Department under Article 28B(2) of the Order or a decision of the Department on an application made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Order; or (c) in relation to an appeal under Article 28H of the Order or to any referral, where a chairman has directed that an oral hearing be held by a tribunal under regulation 5(4). (2) Where the circumstances set out in paragraph (1)(a), (b) or (c) apply, a chairman may decide that the appeal or referral shall be dealt with by a tribunal constituted by the chairman of the tribunal sitting alone. (11B) A tribunal which is considering an appeal under Article 28H of the Order in respect of a departure direction which relates to a maintenance assessment may, if it considers it appropriate to do so, consider at the same time any appeal under that Article in respect of another departure direction which relates to the same maintenance assessment.

• (10) In regulation 13[^f00053] (decisions)—

• (a) in paragraph (3A) for “and of the terms of any direction under Article 22(4) of the Order” there shall be substituted “, of the terms of any direction under Article 22(4) of the Order and of the terms of any decision made by the tribunal under Article 28H(4)(c) of the Order or on a referral”;

• (b) after paragraph (3E) there shall be inserted the following paragraph—

(3F) Paragraphs (1) and (3D) shall not apply where the tribunal is constituted in accordance with the provisions of regulation 11A.

; and

• (c) for paragraph (4) there shall be substituted the following paragraph—

(4) A child support officer may apply to the tribunal or another tribunal for directions or further directions and the tribunal may give such directions or further directions as it thinks fit where the child support officer— (a) to whom a case is referred by the Department under Article 22(3) of the Order (procedure following a successful appeal) is uncertain, having regard to the terms of the decision and of any directions contained in it, how he should deal with the case; or (b) who has been notified of a decision of a tribunal on an appeal under Article 28H of the Order or on a referral is uncertain, having regard to the terms of that decision or of any departure direction given by that tribunal, how he should deal with the case.

• (11) In regulation 14 (corrections)—

• (a) in paragraph (1) after “Subject to” there shall be inserted “paragraph (3) and”; and

• (b) after paragraph (2) there shall be added the following paragraph—

(3) Paragraphs (1) and (2) shall not apply to referrals.

SCHEDULE — Equivalent Weekly Value of a Transfer of Property

1

• (1) Subject to paragraphs 3 and 4, the equivalent weekly value of a transfer of property shall be calculated by multiplying the value of a transfer of property determined in accordance with regulation 22(1) and (2) by the relevant factor specified in the Table set out in paragraph 2 (“the Table”).

• (2) For the purposes of sub-paragraph (1), the relevant factor is the number in the Table at the intersection of the column for the statutory rate and of the row for the number of years of liability.

• (3) In sub-paragraph (2)—

• (a) “the statutory rate” means interest at the same rate as that prescribed for judgments by Order 42 rule 9 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00054] which applies at the date of the court order or written agreement relating to the transfer of the property;

• (b) “the number of years of liability” means the number of years, beginning on the date of the court order or written agreement relating to the transfer of property and ending on—

• (i) the date specified in that order or agreement as the date on which maintenance for the youngest child in respect of whom that order or agreement was made shall cease, or

• (ii) if no such date is specified, the date on which the youngest child specified in the order or agreement reaches the age of 18,

and where that period includes a fraction of a year, that fraction shall be treated as a full year if it is either one half or exceeds one half of a year, and shall otherwise be disregarded.

2

The Table referred to in paragraph 1(1) is set out below—

Number of years of liability	Statutory rate	Statutory rate	Statutory rate	Statutory rate	Statutory rate	Statutory rate
	8.0%	10.0%	12.0%	12.5%	14.0%	15.0%
1	.02077	.02115	.02154	.02163	.02192	.02212
2	.01078	.01108	.01138	.01145	.01168	.01183
3	.00746	.00773	.00801	.00808	.00828	.00842
4	.00581	.00607	.00633	.00640	.00660	.00674
5	.00482	.00507	.00533	.00540	.00560	.00574
6	.00416	.00442	.00468	.00474	.00495	.00508
7	.00369	.00395	.00421	.00428	.00448	.00462
8	.00335	.00360	.00387	.00394	.00415	.00429
9	.00308	.00334	.00361	.00368	.00389	.00403
10	.00287	.00313	.00340	.00347	.00369	.00383
11	.00269	.00296	.00324	.00331	.00353	.00367
12	.00255	.00282	.00310	.00318	.00340	.00355
13	.00243	.00271	.00299	.00307	.00329	.00344
14	.00233	.00261	.00290	.00298	.00320	.00336
15	.00225	.00253	.00282	.00290	.00313	.00329
16	.00217	.00246	.00276	.00283	.00307	.00323
17	.00211	.00240	.00270	.00278	.00302	.00318
18	.00205	.00234	.00265	.00273	.00297	.00314

3

The equivalent weekly value of the property transferred shall be nil if the value of the transfer of the property is less than £5,000.

4

The Department may determine a lower equivalent weekly value than that determined in accordance with paragraphs 1 and 2 where the amount of child support maintenance that would be payable in consequence of a departure direction specifying that value is lower than the amount of maintenance that was payable under the court order or written agreement referred to in regulation 21.

5

In this Schedule, “maintenance” has the same meaning as in paragraph 3(2) of Schedule 4B to the Order.

Signed

Sealed with the Official Seal of the Department of Health and Social Services on 21st November 1996.

John O'Neill — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations provide for an application for a departure direction to be made, the effect of which, if given, would be to vary a child support maintenance assessment determined in accordance with the formula provisions of Part I of Schedule 1 to the Child Support (Northern Ireland) Order 1991 and the regulations made under it.

Regulations 1 to 3 contain interpretation provisions, provisions relating to documents and rounding provisions.

Regulations 4 to 12 contain provisions relating to the manner in which an application is to be made, to the preliminary consideration of an application by the Department of Health and Social Services, to applications where income support or income-based jobseeker’s allowance is payable, to interim maintenance assessments in force and to applications and reviews under Article 19 of the Child Support (Northern Ireland) Order 1991.

Regulations 13 to 29 and the Schedule make provision in relation to cases in which a departure direction may be given: regulations 13 to 20 relate to special expenses, regulations 21 and 22 and the Schedule to property or capital transfers and regulations 23 to 29 to additional cases where a departure direction may be given.

The Schedule contains a table for calculating the equivalent weekly value of a transfer of property. The factors in the table are derived from the standard formula used in annuity calculations.

Regulation 30 prescribes factors 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.

Regulations 31 to 35 contain provisions as to the effective date and the duration of a departure direction.

Regulations 36 to 44 contain provisions as to the maintenance assessment which is to be made in consequence of a departure direction.

Regulations 45 and 46 contain provisions as to the imposition of a regular payments condition, and a departure direction having effect from a date earlier than the effective date of the current assessment.

Regulations 47 and 48 contain transitional provisions.

Regulations 49 to 53 provide for amendments to be made to five sets of Child Support Regulations which are consequential on the introduction of the departures system.

Footnotes

[^f00001]: S.I. 1991/2628 (N.I. 23); Articles 28A to 28G and Schedules 4A and 4B were inserted by Article 3 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00002]: S.R. 1992 No. 340; relevant amending regulations are S.R. 1994 No. 37 and S.R. 1995 Nos. 19, 162 and 475

[^f00003]: S.R. 1992 No. 341; the relevant amending regulations are S.R. 1993 No. 164, S.R. 1994 No. 65, S.R. 1995 Nos. 162 and 475 and S.R. 1996 Nos. 289 and 317

[^f00004]: 1971 c. 80

[^f00005]: S.I. 1995/2705 (N.I. 15)

[^f00006]: Regulation 8 was substituted by regulation 3(3) of S.R. 1995 No. 475

[^f00007]: Article 19 was amended by Article 6 of the Child Support (Northern Ireland) Order 1995

[^f00008]: 1988 c. 1

[^f00009]: 1992 c. 7

[^f00010]: S.I. 1972/1265 (N.I. 14)

[^f00011]: Paragraph 3(4) was amended by regulation 9(16)(d) of S.R. 1995 No. 162 and paragraph 3(5) was substituted by regulation 5(6) of S.R. 1994 No. 37

[^f00014]: S.R. 1987 No. 459; relevant amending rules are S.R. 1988 No. 318, S.R. 1991 No. 338, S.R. 1992 No. 6 and S.R. 1996 No. 73

[^f00015]: S.I. 1986/1032 (N.I. 6)

[^f00016]: 1979 c. 12

[^f00018]: Regulation 10 was amended by regulation 5(4) of S.R. 1993 No. 164 and regulation 9(6) of S.R. 1995 No. 162

[^f00019]: Articles 19 to 21 were amended by Articles 6 to 9 of, and paragraph 4 of Schedule 3 to, the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00020]: S.R. 1992 No. 466; relevant amending regulations are S.R. 1993 No. 164

[^f00021]: Regulation 11(1) was amended by S.R. 1993 No. 164, S.R. 1994 No. 37 and S.R. 1995 Nos. 162 and 475

[^f00024]: Regulation 13 was amended by regulation 2(2) of S.R. 1996 No. 65

[^f00025]: S.R. 1980 No. 346

[^f00027]: Regulation 22 was amended by S.R. 1993 No. 164 and S.R. 1995 Nos. 162 and 475

[^f00028]: S.R. 1992 No. 467 (C. 20); the relevant amending rules are S.R. 1993 No. 174 (C. 9)

[^f00029]: S.R. 1994 No. 37; relevant amending regulations are S.R. 1995 Nos. 162 and 475

[^f00030]: S.R. 1992 No. 339; relevant amending regulations are S.R. 1995 Nos. 162 and 475

[^f00031]: Regulation 9A was inserted by regulation 6(4) of S.R. 1995 No. 162

[^f00032]: Regulation 10 was substituted by regulation 2(7) of S.R. 1995 No. 475

[^f00033]: Regulation 10A was inserted by regulation 2(7) of S.R. 1995 No. 475

[^f00035]: Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and Article 9 was amended by paragraph 4(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00036]: Articles 19 to 21 were amended by Articles 6 to 9 of, and paragraph 4 of Schedule 3 to, the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00042]: The definition of “day to day care” was substituted by regulation 9(2)(a) of S.R. 1995 No. 162

[^f00043]: The original head (v) was omitted by regulation 9(5)(b) of S.R. 1995 No. 162

[^f00045]: S.R. 1992 No. 342; regulation 10 was substituted by regulation 3(3) of S.R. 1995 No. 162

[^f00046]: S.R. 1993 No. 50; relevant amending regulations are S.R. 1995 No. 162 and S.R. 1996 Nos. 24 and 457

[^f00048]: Regulation 5 was amended by regulation 2(3) of S.R. 1996 No. 457

[^f00052]: Regulation 11(1) was amended by regulation 2(7) of S.R. 1996 No. 457

[^f00053]: Regulation 13 was amended by regulation 3 of S.R. 1996 No. 24 and regulation 2(8) of S.R. 1996 No. 457

[^f00054]: S.R. 1980 No. 346