The Child Support Departure Direction and Consequential Amendments Regulations 1996

• (b) where the amount specified in sub-paragraph (c) of paragraph(4) of regulation 41 is lower than the amount determined in accordance with sub-paragraph (a), that amount.

• (4) Where the application of the provisions of paragraph (3) results in a departure direction being given, the amount of child support maintenance payable following that direction shall be determined by the Secretary of State as being the revised amount as defined in paragraph (3).

Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations

43

• (1) Where the provisions of regulation 41 or 42 are applicable to a case falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent), those provisions shall apply for the purposes of determining the total maintenance payable in consequence of a departure direction.

• (2) In a case falling within paragraph (1), the amount of child support maintenance payable in respect of each application for child support maintenance following the direction shall be the lowest of—

• (a) the amount as determined in accordance with paragraph (3) of regulation 41, subject to the modification that regulation 22 of the Maintenance Assessments and Special Cases Regulations is applied in determining the amount that would be payable (“Y");

• (b) the amount calculated by the formula—

$(A×P)×YQ$

where A and P have the same meanings as in regulation 41(2) and Q is the sum of the amounts calculated in accordance with sub-paragraph (a) for each assessment.

• (c) where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) apply, as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses—protected income) or, as the case may be, regulation 40(6),(8) or (10) (effect of a departure direction in respect of additional cases), the amount calculated as payable under those provisions.

• (3) Where, in a case falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations, a departure direction has been given in respect of an absent parent in a case falling within paragraph 3 of Schedule 4B to the Act (property or capital transfers), the equivalent weekly value of the transfer of property as calculated in accordance with regulation 22 of these Regulations shall be deducted from the amount of the maintenance assessment in respect of the person with care or child to or in respect of whom the property transfer was made.

Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations

44

• (1) 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").

• (2) 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.

• (3) 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—

• (a) where the unadjusted departure amount is more than the formula amount, the phased amount plus the difference between the unadjusted departure amount and the formula amount;

• (b) where the unadjusted departure amount is more than the phased amount but less than the formula amount, the phased amount;

• (c) where the unadjusted departure amount is less than the phased amount, the unadjusted departure amount.

• (4) Regulation 31 shall have effect for cases falling within paragraphs (1) to (3) 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.

• (5) Where the Secretary of State is satisfied that, were a decision as to a fresh maintenance assessment to be made under section 16 or, as the case may be, section 17 of the Act in relation to a case to which the provisions of paragraphs (1) and (3) have been applied, and the amount payable under it (“the fresh unadjusted departure amount") would be—

• (a) more than the unadjusted departure amount, the amount of child support maintenance payable shall be the amount determined in accordance with paragraph (3), plus the difference between the unadjusted departure amount and the fresh unadjusted departure amount;

• (b) less than the unadjusted departure amount but more than the phased amount, the amount of child support maintenance payable shall be the phased amount;

• (c) less than the phased amount, the amount of child support maintenance payable shall be the fresh unadjusted departure amount.

• (6) 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 (modification of maintenance assessment in certain cases);

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

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

“phased amount" means—

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

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

PART X — MISCELLANEOUS

Regular payments condition

45

• (1) For the purposes of section 28C(2)(b) of the Act (regular payments condition—reduced payments), reduced payments shall, subject to paragraph (3), be such payments as would be equal to the payments of child support maintenance fixed by the fresh maintenance assessment that would be made if the circumstances of the case were those set out in paragraph (2).

• (2) The circumstances referred to in paragraph (1) are—

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

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

• (4) Where the absent parent, following written notice under section 28C(8) of the Act, 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 Act 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 ... in relation to the current assessment which results in a departure direction being given in respect of that assessment or, where regulation 11A (meaning of “current assessment” for the purposes of the Act) applies, in respect of the fresh maintenance assessment referred to in that regulation;

• (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 Secretary of State 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—application before 2nd December 1996

47

• (1) This paragraph applies in any case where an application for a departure direction has been made before 2nd December 1996 .

• (2) Where paragraph (1) applies, the Secretary of State shall request the applicant to inform him in writing before 2nd December 1997—

• (a) whether he wishes the application to be treated as an application under these Regulations in respect of the maintenance assessment in force on 2nd December 1996; and

• (b) whether there have been any changes in the circumstances which are relevant for the determination or, as the case may be, redetermination of the application which have occurred since his application and, if so, what those changes are.

• (3) Where the applicant fully complies with the request set out in paragraph (2), and states that he wishes the application to be treated as described in paragraph (2)(a), the Secretary of State shall treat the application as an application under these Regulations which contains the statement mentioned in section 28A(2)(a) of the Act, and paragraphs (4) to (10) and regulation 48 shall apply.

• (4) Where the applicant informs the Secretary of State that there have not been any changes of the kind mentioned in paragraph (2)(b), the Secretary of State shall nevertheless invite representations in writing from the relevant persons other than the applicant.

• (5) Where the applicant informs the Secretary of State that there have been changes in the circumstances of the kind mentioned in paragraph (2)(b), the Secretary of State shall—

• (a) give notice that he has been informed of such changes to the relevant persons other than the applicant;

• (b) send to them the information as to such changes which the applicant has given except where the Secretary of State considers that information to be information of the kind falling within paragraph (2) of regulation 8;

• (c) invite representations in writing from the relevant persons other than the applicant as to such changes; and

• (d) set out the provisions of paragraph (6) in relation to such representations.

• (6) The following provisions shall apply to information provided under paragraph (2)(b) or representations made following an invitation made in accordance with paragraph (4) or (5)(c)—

• (a) paragraphs (2) to (10) of regulation 8, subject to the modification set out in paragraph (7);

• (b) in relation to an applicant, regulations 6 and 7.

• (7) The modification of regulation 8 mentioned in paragraph (6)(a) is that for the references to paragraph (1) or, as the case may be, paragraph (1)(c) of that regulation, there were substituted references to paragraph (5) or, as the case may be, paragraph (5)(c) of this regulation.

• (8) Where the Secretary of State has not determined the application in accordance with the Departure Direction Anticipatory Application Regulations, a determination shall be made in accordance with these Regulations.

• (9) Where the Secretary of State has determined the application in accordance with the Departure Direction Anticipatory Application Regulations, he shall determine whether there have been any changes in—

• (a) the circumstances referred to in paragraph (2)(b);

• (b) the relevant provisions of these Regulations compared with the corresponding provisions of the Departure Direction Anticipatory Application Regulations.

• (10) Where the Secretary of State determines that there have been no changes of the kind referred to in paragraph (9)(a) or (b), and the relevant persons other than the applicant have not made any representations in accordance with paragraph (4), his determination of the application in accordance with the Departure Direction Anticipatory Application Regulations shall take effect.

• (11) Where the Secretary of State determines that there have been changes of the kind referred to in paragraph (9)(a) or (b), or where the relevant persons other than the applicant have made representations, he shall make a determination of the application, taking those changes and representations into account, in accordance with these Regulations.

Effective date of departure direction for a case falling within regulation 47

48

• (1) Where the determination made by the Secretary of State by application of the provisions of paragraphs (1) to (10) of regulation 47 is to give a departure direction, that direction shall take effect on the first day of the first maintenance period commencing on or after 2nd December 1996.

• (2) Where a case falls within paragraph (1) of regulation 47, and the applicant complies with the request for information mentioned in paragraph (2) of that regulation but not by the date mentioned in that paragraph, his response shall be treated as an application for a departure direction.

Transitional provisions—no application before 2nd December 1996

49

• (1) Where—

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

• (b) no application has been made before that date by any of the persons with respect to whom that assessment was made; and

• (c) an application is made by one of those persons on the grounds set out in section 28A(2)(a) of the Act (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 1996 whose effective date is on or after 2nd December 1996

50

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 paragraph (1) of regulation 32 shall apply as if for the reference to an application being given or sent within one month 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 paragraph (2) of regulation 32 shall apply as if for the reference to an application being given or sent later than one month 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 — REVOCATION

Revocation of the Departure Direction Anticipatory Application Regulations

51

The Departure Direction Anticipatory Application Regulations are hereby revoked.

PART XIII — CONSEQUENTIAL AMENDMENTS

Amendment of regulation 1 of the Appeals Regulations

52

In paragraph (2) of regulation 1 of the Appeals Regulations (citation, commencement and interpretation)—

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

• (i) in sub-paragraph (d), after the word “officer" there shall be inserted the words “except where the proceedings relate only to an appeal under section 28H of the Act or to a referral;";

• (ii) after sub-paragraph (d) there shall be added the following sub-paragraph—

(dd) the Secretary of State where the proceedings relate to an appeal under section 28H of the Act;

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

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

“referral" means a reference by the Secretary of State to a tribunal under section 28D(1)(b) of the Act;

• (d) in the definition of “tribunal", after the words “section 21 of" there shall be inserted the words “or regulations made under paragraph 9 of Schedule 4A to,".

Amendment of regulation 3 of the Appeals Regulations

53

• (1) Regulation 3 of the Appeals Regulations (making an appeal or application and time limits), shall be amended in accordance with the following provisions of this regulation.

• (2) In sub-paragraph (a) of paragraph (1), after the words “section 20(1)" there shall be inserted the words “, 28H(1)".

• (3) In paragraph (5), for the words “as the case may be, paragraph (4)" there shall be substituted the words “(4) or in section 20(2) or 28H(3) of the Act, as the case may be".

Amendment of regulation 5 of the Appeals Regulations

54

• (1) Regulation 5 of the Appeals Regulations (directions) shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraph (1), after the words “a chairman may" there shall be inserted the words “, subject to paragraph (3),".

• (3) In paragraph (2), after the word “may" there shall be inserted the words “, subject to paragraph (3),".

• (4) After paragraph (2), there shall be added the following paragraphs—

(3) In the case of an appeal under section 28H of the Act or of a referral, as the case may be, a direction requiring the Secretary of State to provide information shall have effect only if that information is information of which he is aware or which he has in his possession in connection with his functions under the Act. (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).

Amendment of regulation 6 of the Appeals Regulations

55

After paragraph (1B) of regulation 6 of the Appeals Regulations (striking out of proceedings), there shall be inserted the following paragraph—

(1C) In the case of an appeal under section 28H of the Act, no direction shall be given under paragraph (1B) requiring the Secretary of State to provide information other than information of which he is aware or which he has in his possession in connection with his functions under the Act.

Amendment of regulation 7 of the Appeals Regulations

56

• (1) Regulation 7 of the Appeals Regulations (withdrawal of appeals and applications), shall be amended in accordance with the following provisions of this regulation.

• (2) In heads (i) and (ii) of sub-paragraph (b) of paragraph (1), after the words “child support officer" there shall be added the words “or, in the case of an appeal under section 28H of the Act, the Secretary of State".

• (3) In paragraph (1A), after the words “child support officer" there shall be inserted the words “or, in the case of an appeal under section 28H of the Act, the Secretary of State".

Amendment of regulation 10 of the Appeals Regulations

57

In paragraph (1) of regulation 10 of the Appeals Regulations (summoning of witnesses), for the words “appeal or application" wherever they appear there shall be substituted the words “appeal, application or referral".

Amendment of regulation 11 of the Appeals Regulations

58

• (1) Regulation 11 of the Appeals Regulations (hearings) shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraphs (1), (2A) and (2B), for the words “appeal or application" wherever they appear there shall be substituted the words “appeal, application or referral".

• (3) In paragraph (8), after sub-paragraph (e), there shall be inserted the following sub-paragraph—

(ee) any person undergoing training to enable him to act in the name of the Secretary of State in relation to applications for a departure direction under section 28A of the Act and any person acting on behalf of the Secretary of State 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 Secretary of State in relation to those applications;

Insertion of regulations 11A and 11B into the Appeals Regulations

59

After regulation 11 of the Appeals Regulations there shall be inserted the following regulations—

(11A) (1) The prescribed circumstances for the purpose of paragraph 9 of Schedule 4A to the Act (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 Act; (b) in relation to an appeal under section 28H of the Act, where that appeal is against the rejection of an application by the Secretary of State under section 28B(2) of the Act or a decision of the Secretary of State on an application made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Act; or (c) in relation to an appeal under section 28H of the Act 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 sub-paragraph (a), (b) or (c) of paragraph (1) 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 section 28H of the Act 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 section in respect of another departure direction which relates to the same maintenance assessment.

Amendment of regulation 13 of the Appeals Regulations

60

• (1) Regulation 13 of the Appeals Regulations (decisions) shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraph (3A), for the words “and of the terms of any direction under section 20(4) of the Act" there shall be substituted the words “, of the terms of any direction under section 20(4) of the Act and of the terms of any decision made by the tribunal under section 28H(4)(c) of the Act or on a referral".

• (3) 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.

• (4) 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 Secretary of State under section 20(3) of the Act (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 section 28H of the Act 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.

Amendment of regulation 14 of the Appeals Regulations

61

• (1) Regulation 14 of the Appeals Regulations (corrections) shall be amended in accordance with the following provisions of this regulation.

• (2) In paragraph (1), after the words “Subject to" there shall be inserted the words “paragraph (3) and".

• (3) After paragraph (2), there shall be added the following paragraph—

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

Amendment of regulation 10 of the Arrears Regulations

62

In paragraph (2) of regulation 10 of the Arrears Regulations (adjustment of the amount payable under a maintenance assessment), after the word “subsequently" there shall be inserted the words “revised as a result of a departure direction having been given or".

Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations

63

Regulation 8 of the Information, Evidence and Disclosure Regulations (disclosure of information to a court or tribunal) shall be numbered paragraph (1) of that regulation and 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 section 28D(1)(b) of the Act.

Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations

64

For sub-paragraph (c) of paragraph (2) of regulation 9A of the Information, Evidence and Disclosure Regulations (disclosure of information to other persons), there shall be substituted the following sub-paragraph—

(c) the personal representative of a relevant person where— (i) a review or 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.

Amendment of regulation 10 of the Information, Evidence and Disclosure Regulations

65

In paragraph (1) of regulation 10 of the Information, Evidence and Disclosure Regulations (disclosure of information by the Secretary of State), for the words “or in connection with an assessment which is or has been in force" there shall be substituted the words “,an assessment which is or has been in force or in connection with a departure direction.".

Amendment of regulation 10A of the Information, Evidence and Disclosure Regulations

66

In paragraph (2) of regulation 10A of the Information, Evidence and Disclosure Regulations (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 the words “or in connection with a departure direction".

Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations

67

• (1) Regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment), shall be amended in accordance with the following provisions of this regulation.

• (2) For sub-paragraphs (a) and (b) of paragraph (1), there shall be substituted the following sub-paragraphs—

(a) makes a new or fresh maintenance assessment following an application under section 4, 6 or 7 of the Act, a review under section 16, 17, 18 or 19 of the Act, or the giving or cancellation of a departure direction; (b) makes a new interim maintenance assessment under section 12 of the Act, 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

• (3) In paragraph (2), after sub-paragraph (h), 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 Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.

• (4) After paragraph (2A), there shall be added 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.

• (5) For sub-paragraphs (a) and (b) of paragraph (2B) there shall be substituted the following sub-paragraphs—

(a) the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2); (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.

• (6) In paragraph (4) for sub-paragraph (d) there shall be substituted the following sub-paragraphs—

(d) where a fresh maintenance assessment is made following a review under section 19 of the Act, sections 16, 17 and 18 of the Act; (e) where a fresh maintenance assessment is made following the giving of a departure direction, sections 16, 17 and 18 of the Act.

• (7) After paragraph (5) 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 sections 16 and 19(1) of the Act.

Amendment of the Maintenance Assessments and Special Cases Regulations

68

• (1) The Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In paragraph (4) of regulation 1, there shall be inserted at the beginning the words “These Regulations are subject to the provisions of Parts VIII and IX of the Departure Direction and Consequential Amendments Regulations and".

• (4) In paragraph (2)(c) of regulation 9, after head (iv) there shall be added the following head—

(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.

• (5) In regulation 22—

• (a) in paragraph (2), after the words “and in these Regulations" there shall be inserted the words “, 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 Amendment 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 Act 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).

SCHEDULE — EQUIVALENT WEEKLY VALUE OF A TRANSFER OF A 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 statutory rate prescribed for a judgment debt or, in Scotland, the statutory rate in respect of interest included in or payable under a decree in the Court of Session , which in either case 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—

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 Secretary of State 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 the periodical payments of maintenance which were payable under the court order or written agreement referred to in regulation 21.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Signed by authority of the Secretary of State for Social Security.

A.J.B. Mitchell — Parliamentary Under-Secretary of State, — 1996-11-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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).

[^f00002]: Section 54 is cited because of the meaning ascribed to the words “maintenance assessment” and “prescribed”.

[^f00003]: 1992 c. 53.

[^f00004]: S.I. 1992/2641. Regulations 3 and 11 were amended by S.I. 1995/1045 and S.I. 1996/2450. Regulation 5, 6, and 7 were amended by S.I. 1996/2450 and regulation 13 by S.I. 1996/182 and 1996/2450.

[^f00005]: S.I. 1992/1816.

[^f00006]: 1992 c. 4. Regulation 10 was substituted by S.I. 1995/1045.

[^f00007]: S.I. 1996/635.

[^f00008]: S.I. 1992/1812. Regulation 9A was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261, which also substituted regulation 10 and inserted regulation 10A.

[^f00009]: S.I. 1992/2645. Regulation 8 was amended by S.I. 1995/913.

[^f00010]: S.I. 1992/1813. Regulation 10 was amended by S.I. 1994/227, 1995/123, 1995/1045 and 1995/3261.

[^f00011]: S.I. 1992/1815. Regulation 9 was amended by S.I. 1995/1045 and 1996/1945 and regulation 22 by S.I. 1993/913 and 1995/1045.

[^f00012]: Paragraph (2) of regulation 1 has been amended by S.I. 1993/913, 1995/1045 and 3261.

[^f00013]: 1971 c. 80.

[^f00014]: 1995 c. 18.

[^f00015]: S.I. 1992/1813. Regulation 8 was substituted by S.I. 1995/3261.

[^f00016]: Section 17 of the Child Support Act 1991 was amended by section 12 of the Child Support Act 1995.

[^f00017]: 1988 c. 1.

[^f00018]: 1977 c. 49.

[^f00019]: 1978 c. 29.

[^f00020]: Paragraph 3(4) was amended by S.I. 1995/1045 and paragraph 3(5) by S.I. 1994/227.

[^f00021]: 1988 c. 1.

[^f00022]: Paragraph (1) of regulation 9 was amended by regulation 44(2) of S.I. 1995/1045. Paragraph (2) was amended by regulation 9(2)(c) of S.I. 1993/913 and regulation 44(3) of S.I. 1995/1045.

[^f00023]: S.I. 1987/1967. Paragraphs 1 and 2 of Schedule 2 were substituted by Schedule 4 to S.I. 1995/559; paragraph 15 was substituted by Schedule 5 to that instrument.

[^f00024]: 1985 c. 6.

[^f00025]: 1979 c. 53.

[^f00026]: 1979 c. 14.

[^f00027]: Sub-paragraph (1) was added to regulation 9(1) by regulation 44(2)(b) of S.I. 1995/1045.

[^f00028]: Regulation 10 was amended by regulation 45 of S.I. 1995/1045.

[^f00029]: Sub-paragraphs (a) to (k) of paragraph (1) have been amended by regulation 4(4) of S.I. 1994/227, by regulation 46(2)(a), (b) and (c) of S.I. 1995/1045, and by regulation 43(1), (2) and (3) of S.I. 1995/3261. Sub-paragraph (kk) was added to paragraph (1) of regulation 11 by regulation 46(2)(d) of S.I. 1995/1045.

[^f00030]: Sub-paragraph (bb) was added to paragraph (1) of regulation 9 by regulation 44(2)(a) of 1995/1045.

[^f00031]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

[^f00032]: See Act of Sederunt (Rules of the Court of Session 1994) 1994.

[^f00033]: Regulation 22 was amended by regulation 23 of S.I. 1993/913, regulation 51 of S.I. 1995/1045 and regulation 45 of S.I. 1995/3261.

[^f00034]: S.I. 1992/2644. The relevant amending instrument is S.I. 1993/966.

[^f00035]: S.I. 1994/227. The relevant amending instrument is S.I. 1995/1045.

[^f00036]: Section 28A of the Act and other provisions of the Act relating to departure directions come fully into force on 2nd December 1996.

[^f00037]: S.I. 1996/2907.

[^f00038]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

[^f00039]: See Act of Sederunt (Rules of the Court of Session 1994) 1994.

Procedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction

8A

• (1) Subject to the modifications described in paragraph (2), regulation 8 shall apply to any application for a revision or a supersession of a decision with respect to a departure direction as it applies to an application for a departure direction.

• (2) The modifications described in this paragraph are–

• (a) for paragraph (1) there shall be substituted the following paragraphs–

(1) Except where paragraph (1A) applies, the Secretary of State shall– (a) give notice of an application for a revision or a supersession of a decision with respect to a departure direction to the relevant persons other than the applicant; (b) inform them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except details, information or evidence falling within paragraph (2); (c) invite representations from the relevant persons other than the applicant on any matter relating to that application; and (d) explain the provisions of paragraphs (2), (5) and (6) in relation to such representations. (1A) This paragraph applies where an application for a revision or a supersession has been made and the Secretary of State is satisfied on the information or evidence available to him that either– (a) a revision or supersession of a departure direction is unlikely to be made; or (b) in a case where the applicant was the applicant for the decision which is to be revised or superseded, a ground on which the decision to be revised or superseded was made no longer applies.

• (b) paragraphs (3), (4) and (7) shall be omitted;

• (c) in paragraph (4A) for the words from “that a departure direction” to the words “in that case” there shall be substituted the words “that a decision revising or superseding a decision with respect to a departure direction was unlikely to be made, but on further consideration of the application he is minded to make such a decision”;

• (d) in paragraph (5)–

• (i) for the words “(1), (6) or (7)” there shall be substituted the words “(1) or (6)”;

• (ii) after the word “application” there shall be added the words “for a decision revising or superseding a decision”;

• (e) in paragraph (8)–

• (i) for the words “In deciding whether to give a departure direction” there shall be substituted the words “Before deciding whether or not to make a decision revising or, as the case may be, superseding a decision as to a departure direction in consequence of an application for such a decision”; and

• (ii) in sub-paragraph (a), for the words “by the applicant for that direction” there shall be substituted the words “in connection with the application”;

• (f) for paragraphs (9) and (10) there shall be substituted the following paragraph–

(9) Where the Secretary of State has determined an application made for the purpose of revising or superseding a decision he shall, as soon as is reasonably practicable, notify the relevant persons of– (a) that determination; (b) the reasons for it; and (c) where appropriate, the basis on which the amount of child support maintenance is to be fixed by any fresh assessment made in consequence of that determination.

Departure 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

Departure directions and interim maintenance assessments

Departure application and review under section 17 of the Act

Meaning of “current assessment” for the purposes of the Act

11A

Where–

• (a) an application under section 28A of the Act has been made in respect of a current assessment; and

• (b) after the making of that application, a fresh maintenance assessment has been made upon a revision of a decision as to a maintenance assessment under section 16 of the Act,

references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to the fresh maintenance assessment.

Meaning of “benefit" for the purposes of section 28E of the Act

Travel costs to be disregarded

Revision of decisions

32A

• (1) Subject to paragraphs (2) and (3), a decision of the Secretary of State or any decision upon referral under section 28D(1)(b) of the First-tier Tribunal with respect to a departure direction may be revised by the Secretary of State under section 16 of the Act as extended by paragraph 1 of Schedule 4C to the Act–

• (a) if the Secretary of State receives an application for the revision of a decision under section 16 of the Act as extended within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 32B;

• (b) if–

• (i) the Secretary of State notifies a person, who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

• (ii) that person reapplies for a decision to be revised within one month of the notification described in head (i) above or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;

• (c) if the decision arose from an official error;

• (d) if the Secretary of State is satisfied that the original decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error;

• (e) where a departure direction takes effect in the circumstances described in regulation 35(3); or

• (f) if the Secretary of State commences action leading to the revision of a decision within one month of the date of notification of the decision.

• (2) Paragraph (1) shall apply neither–

• (a) in respect of a material change of circumstances which–

• (i) occurred since the date on which the decision was made; or

• (ii) is expected, according to information or evidence which the Secretary of State has, to occur; nor

• (b) where–

• (i) an appeal against the original decision has been brought but not determined; and

• (ii) from the point of view of the appellant, a revision, if made, would be less to his advantage than the original decision.

Late applications for a revision

32B

• (1) The period of one month specified in regulation 32A(1)(a) may be extended where the requirements specified in the following provisions of this regulation are met.

• (2) An application for an extension of time shall be made by a relevant person or a person acting on his behalf.

• (3) An application for an extension of time under this regulation shall–

• (a) be made within 13 months of the date on which notification of the decision which it is sought to have revised was given or sent; and

• (b) contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.

• (4) The application for an extension of time shall not be granted unless the person making the application, or any person acting for him, satisfies the Secretary of State that–

• (a) it is reasonable to grant that application;

• (b) the application for the decision to be revised has merit; and

• (c) special circumstances are relevant to the application for an extension of time,

and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.

• (5) In determining whether it is reasonable to grant an application for an extension of time, the Secretary of State shall have regard to the principle that the greater the time that has elapsed between the expiration of the period of one month described in regulation 32A(1)(a) from the date of notification of the decision which it is sought to have revised and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

• (6) In determining whether it is reasonable to grant an application for an extension of time, no account shall be taken of the following–

• (a) that the person making the application for an extension of time or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations);

• (b) that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

• (7) An application under this regulation for an extension of time which has been refused may not be renewed.

Date from which a revision of a decision takes effect

32C

Where the date from which a decision took effect is found to be erroneous on a revision, the revision shall take effect from the date on which the revised decision would have taken effect had the error not been made.

Supersession of decisions

32D

• (1) For the purposes of section 17 of the Act as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Act and subject to paragraphs (6), (9) and (10), the cases and circumstances in which a decision with respect to a departure direction may be made under that section are set out in paragraphs (2) to (5).

• (2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where he is satisfied that–

• (a) there has been a material change of circumstances since the decision was made; or

• (b) the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

• (3) A decision may be superseded by a decision made by the Secretary of State where–

• (a) an application is made on the basis that–

• (i) there has been a change of circumstances since the decision was made; or

• (ii) it is expected that a change of circumstances will occur; and

• (b) the Secretary of State is satisfied that the change of circumstances is or would be material.

• (4) A decision may be superseded by a decision made by the Secretary of State where–

• (a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

• (b) the Secretary of State is satisfied that the fact is or would be material.

• (5) A decision, other than a decision given on appeal, may be superseded by a decision made by the Secretary of State–

• (a) where an application is made on the basis that the decision was erroneous in point of law; or

• (b) acting on his own initiative where he is satisfied that the decision was erroneous in point of law.

• (6) Subject to paragraph (7), paragraphs (2)(a) and (3) shall not apply where, if a decision were to be superseded in accordance with section 17 of the Act, the difference between the current amount and the revised amount would be less than £1.00 per week.

• (7) Paragraph (6) shall not apply where the Secretary of State is satisfied on the information or evidence available to him that a ground on which the decision to be superseded was made no longer applies.

• (8) In paragraph (6) “revised amount” means the amount of child support maintenance which would be fixed if a decision with respect to a maintenance assessment were to be superseded by a decision made by the Secretary of State in accordance with paragraphs (2)(a) and (3) but for the operation of paragraph (6).

• (9) The cases and circumstances in which a decision may be superseded by a decision made by the Secretary of State shall not include any case or circumstance in which a decision may be revised.

• (10) Subject to paragraph (11), paragraphs (2) to (5) shall apply in respect of neither–

• (a) a decision to reject or refuse an application for a departure direction; nor

• (b) a decision to cancel a departure direction.

• (11) Paragraph (10) above shall not apply in a case to which either paragraph (2) or (3) of regulation 35 applies.

Date from which a superseding decision takes effect

32E

• (1) This regulation contains exceptions to the provisions of section 17(4) of the Act, as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Act, as to the date from which decisions which supersede earlier decisions are to take effect.

• (2) Subject to paragraphs (3), (5) and (12), where–

• (a) a decision is made by the Secretary of State which supersedes an earlier decision in consequence of an application having been made under section 17 of the Act as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Act; and

• (b) the date on which the application is made is not the first day in a maintenance period, the decision shall take effect as from the first day of the maintenance period in which the application is made.

• (3) Subject to paragraph (12), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 32D(2)(a) applies on the basis of evidence or information which was also the basis of a decision made under section 9 or 10 of the Social Security Act 1998 the superseding decision under section 17 of the Act as extended by paragraph 2 of Schedule 7 to the Act shall take effect as from the first day of the maintenance period in which that evidence or information was first brought to the attention of an officer exercising the functions of the Secretary of State under the Act.

• (4) Where a decision is superseded by a decision made by the Secretary of State under regulation 32D(3) in consequence of an application made on the basis that a material change of circumstances is expected to occur, the superseding decision shall take effect as from the first day of the maintenance period which immediately succeeds the maintenance period in which the material change of circumstances is expected to occur.

• (5) Where the Secretary of State makes, on his own initiative, a decision superseding a decision in consequence of evidence or information contained in an unsuccessful application for a revision of that decision, the superseding decision shall take effect as from the first day of the maintenance period in which that application was made.

• (6) Where–

• (a) a decision made by an appeal tribunal or the First-tier Tribunal under section 20 of the Act as extended by paragraph 3 of Schedule 4C to the Act is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

• (b) the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect as from the date the decision it superseded took, or was to take, effect.

• (7) Any decision given under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act in consequence of a decision which is a relevant determination for the purposes of section 28ZC of the Act (restrictions on liability in certain cases of error) shall take effect as from the date of the relevant determination.

• (8) Where a decision with respect to a departure direction is superseded by a decision under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act because the departure direction ceases to have effect in accordance with regulation 35(1), the superseding decision shall have effect as from the date on which the decision that the maintenance assessment is cancelled or ceases to have effect, takes or took effect.

• (9) Where the superseding decision referred to in paragraph (8) above is itself superseded by a further decision made under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act in the circumstances described in regulation 35(2), that further decision shall have effect as from the effective date of the fresh maintenance assessment.

• (10) Where a decision with respect to a departure direction is superseded by a decision under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act because the departure direction is suspended in accordance with regulation 35(4), the superseding decision shall have effect as from the effective date of the later interim maintenance assessment or, as the case may be, the interim maintenance assessment which replaces a maintenance assessment.

• (11) Where the superseding decision referred to in paragraph (10) above is itself superseded by a further decision under section 17 as extended because the interim maintenance assessment referred to in regulation 35(4)(c) is followed by a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act or by an interim maintenance assessment to which regulation 10 does not apply, that further decision shall have effect as from the effective date of the fresh maintenance assessment or, as the case may be, interim maintenance assessment.

• (12) Where a superseding decision is made in a case to which regulation 32D(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect as from the first day of the maintenance period in which the change occurred.

Cancellation of departure directions

32F

The Secretary of State may cancel a departure direction where–

• (a) regulation 32A(1) applies and he is satisfied that it was not appropriate to have given it; or

• (b) regulation 32D applies and he is satisfied that it is no longer appropriate for it to continue to have effect.

Notification of right of appeal, decision and reasons for decision

32G

• (1) The Secretary of State shall notify a person with a right of appeal under the Act against the decision under section 16 or 17 of the Act as those sections apply in relation to decisions with respect to departure directions by virtue of paragraphs 1 and 2 of Schedule 4C to the Act with respect to a departure direction of–

• (a) that right;

• (b) that decision; and

• (c) the reasons for that decision.

• (2) A written notice provided under paragraph (1)–

• (a) shall also contain sufficient information to enable a relevant person to exercise a right of appeal; and

• (b) shall not contain any information which it is not necessary for a person to have in order to understand how the decision was reached.

Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances

Cancellation of a departure direction on recognition of an error

Correction of accidental errors in departure directions

34A

• (1) Subject to paragraphs (3) and (4), accidental errors in any departure direction made by the Secretary of State or record of such a departure direction may, at any time, be corrected by the Secretary of State and a correction made to, or to the record of, that departure direction shall be deemed to be part of that direction or of that record.

• (2) Where the Secretary of State has made a correction under the provisions of paragraph (1), he shall immediately notify the persons who were notified of the departure direction that has been corrected, so far as that is reasonably practicable.

• (3) In determining whether the time limit specified under Tribunal Procedure Rules has been complied with, there shall be disregarded any day falling before the day on which notification was given or sent under paragraph (2).

• (4) The power to correct errors under this regulation shall not be taken to limit any other powers to correct errors that are exercisable apart from these Regulations.

Termination and suspension of departure directions

Application of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act

42A

• (1) Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 5 of Schedule 4B to the Act (additional cases) and paragraph 2 of that Schedule (special expenses), and the conditions set out in paragraph (1) of regulation 41 are satisfied, the amount of child support maintenance payable shall be determined in accordance with paragraphs (2) to (6).

• (2) The application shall in the first instance be treated as an application (an “additional cases application”) made solely on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, and a determination shall be made as to whether a departure direction would be given in response to that application.

• (3) Following the determination mentioned in paragraph (2), the application shall be treated as an application (a “special expenses application”) made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the provisions of regulation 41 shall be applied to the special expenses application, subject to the provisions of paragraphs (4) to (6).

• (4) Where no departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable.

• (5) Where a departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable, subject to the modification set out in paragraph (6).

• (6) For paragraph (3) of regulation 41 there shall be substituted the following paragraph—

(3) There shall be determined the amount that would be payable under the maintenance assessment made in consequence of the direction that would be given in response to the additional cases application mentioned in paragraph (2) of regulation 42A which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.

• (7) Where—

• (a) a departure direction has been given in a case where regulation 41 has been applied and an application is then made on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act; or

• (b) a departure direction has been given on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, an application is then made on the grounds that the case falls within paragraph 2 of that Schedule, and the conditions set out in paragraph (1) of regulation 41 are satisfied,

the case shall be treated as a case which falls within paragraph (1), and the date of the later application treated as the date on which both applications were made.

• (8) Where a departure direction is given in accordance with the provisions of paragraph (7), the earlier direction shall cease to have effect from the date the later direction has effect.

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

Cases to which regulation 11A applies

46A

• (1) A case where the conditions set out in paragraphs (a) and (b) of regulation 11A (meaning of “current assessment” for the purposes of the Act) are satisfied shall be treated as a special case for the purposes of the Act.

• (2) Where a case falls within paragraph (1), references to “the current assessment” and “the current amount” in these Regulations shall, subject to paragraph (3), be construed as including reference to the fresh maintenance assessment referred to in regulation 11A.

• (3) Paragraph (2) shall not apply to references to “the current assessment” in regulation 32, with the exception of the reference in paragraph (1)(a) of that regulation, and in regulations 46, 49 and 50.

Editorial notes

[^c17709671]: 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).

[^c17709681]: Section 54 is cited because of the meaning ascribed to the words “maintenance assessment" and “prescribed".

[^c17709691]: 1992 c.53.

[^c17709701]: S.I. 1992/2641. Regulations 3 and 11 were amended by S.I. 1995/1045 and S.I. 1996/2450. Regulation 5, 6, and 7 were amended by S.I. 1996/2450 and regulation 13 by S.I. 1996/182 and 1996/2450.

[^c17709711]: S.I. 1992/1816.

[^c17709721]: 1992 c.4. Regulation 10 was substituted by S.I. 1995/1045.

[^c17709731]: S.I. 1996/635.

[^c17709741]: S.I. 1992/1812. Regulation 9A was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261, which also substituted regulation 10 and inserted regulation 10A.

[^c17709751]: S.I. 1992/2645. Regulation 8 was amended by S.I. 1995/913.

[^c17709761]: S.I. 1992/1813. Regulation 10 was amended by S.I. 1994/227, 1995/123, 1995/1045 and 1995/3261.

[^c17709771]: S.I. 1992/1815. Regulation 9 was amended by S.I. 1995/1045 and 1996/1945 and regulation 22 by S.I. 1993/913 and 1995/1045.

[^c17709781]: Paragraph (2) of regulation 1 has been amended by S.I. 1993/913, 1995/1045 and 3261.

[^c17709791]: 1971 c.80.

[^c17709811]: S.I. 1992/1813. Regulation 8 was substituted by S.I. 1995/3261.

[^c17709831]: 1988 c.1.

[^c17709841]: 1977 c.49.

[^c17709851]: 1978 c.29.

[^c17709861]: Paragraph 3(4) was amended by S.I. 1995/1045 and paragraph 3(5) by S.I. 1994/227.

[^c17709871]: 1988 c.1.

[^c17709881]: Paragraph (1) of regulation 9 was amended by regulation 44(2) of S.I. 1995/1045. Paragraph (2) was amended by regulation 9(2)(c) of S.I. 1993/913 and regulation 44(3) of S.I. 1995/1045.

[^c17709891]: S.I. 1987/1967. Paragraphs 1 and 2 of Schedule 2 were substituted by Schedule 4 to S.I. 1995/559; paragraph 15 was substituted by Schedule 5 to that instrument.

[^c17709901]: 1985 c.6.

[^c17709911]: 1979 c.53.

[^c17709921]: 1979 c.14.

[^c17709931]: Sub-paragraph (1) was added to regulation 9(1) by regulation 44(2)(b) of S.I. 1995/1045.

[^c17709941]: Regulation 10 was amended by regulation 45 of S.I. 1995/1045.

[^c17709951]: Sub-paragraphs (a) to (k) of paragraph (1) have been amended by regulation 4(4) of S.I. 1994/227, by regulation 46(2)(a), (b) and (c) of S.I. 1995/1045, and by regulation 43(1), (2) and (3) of S.I. 1995/3261. Sub-paragraph (kk) was added to paragraph (1) of regulation 11 by regulation 46(2)(d) of S.I. 1995/1045.

[^c17709961]: Sub-paragraph (bb) was added to paragraph (1) of regulation 9 by regulation 44(2)(a) of 1995/1045.

[^c17709971]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

[^c17709981]: See Act of Sederunt (Rules of the Court of Session 1994) 1994.

[^c17709991]: Regulation 22 was amended by regulation 23 of S.I. 1993/913, regulation 51 of S.I. 1995/1045 and regulation 45 of S.I. 1995/3261.

[^c17710001]: S.I. 1992/2644. The relevant amending instrument is S.I. 1993/966.

[^c17710011]: S.I. 1994/227. The relevant amending instrument is S.I. 1995/1045.

[^c17710021]: Section 28A of the Act and other provisions of the Act relating to departure directions come fully into force on 2nd December 1996.

[^c17710041]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

[^c17710051]: See Act of Sederunt (Rules of the Court of Session 1994) 1994.

[^key-c5e2f33b9d9badf0ec0c7048c8a0015d]: Reg. 11A inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2)(4), 10 (with reg. 59)

[^key-03807d103a528fefd3800c55b1392a1b]: Words in Sch. inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2)(4), 31(2)(a) (with reg. 59)

[^key-c52ed3ae1d02e05f6480609169a1702e]: Words in Sch. inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2))4), 31(2)(b) (with reg. 59)

[^key-fd96632dc64797328e24cdc653ebc77b]: Reg. 34A inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 19 (with reg. 59)

[^key-215d419d22061ecd20ff2d534978a9f4]: Reg. 9 substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 8 (with reg. 59)

[^key-c96350939c44276662aa0623640829d5]: Reg. 42A inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 25 (with reg. 59)

[^key-26b20c15451c9b2e945bf1cd6ec504f1]: Reg. 46A inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 29 (with reg. 59)

[^key-c54a876aee1595e18adbe7e921ff4320]: Words in reg. 8(1) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 7(2) (with reg. 59)

[^key-7a2bff0c7d98e7ab1398ac7ce3653268]: Reg. 8(4A) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 7(3) (with reg. 59)

[^key-ff45e9b8ded4cb19cee08b5bbb858ce4]: Words in reg. 15(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 11(2) (with reg. 59)

[^key-621186def438a1c916f59b03318b49b4]: Reg. 15(4A) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 11(3) (with reg. 59)

[^key-6c58be9b37aac49c5e67fc81b17dffc1]: Words in reg. 17(1)(a) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 12(2)(a) (with reg. 59)

[^key-416eb1899affb26b8d8a9e0418c2f178]: Word in reg. 17(1)(a) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 12(2)(a) (with reg. 59)

[^key-9e6b933388b994a7121916dcecc4eadc]: Reg. 17(1)(aa) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 12(2)(b) (with reg. 59)

[^key-eb88b5828d1df8bfd5bf9e2c662666c3]: Reg. 17(2) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 12(3) (with reg. 59)

[^key-5e9f0899c7c3b0193f8a4b23d8c85e05]: Words in reg. 18(1) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(2) (with reg. 59)

[^key-f34f5c7b375c0fc2457f790b240325aa]: Reg. 18(2)(a) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(3)(a) (with reg. 59)

[^key-e513a0be20c3591030a9df2076d97aba]: Reg. 18(2)(b) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(3)(b) (with reg. 59)

[^key-c3e76dd593f42e961ba0dc8f469a0cfe]: Words in reg. 18(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(4)(a) (with reg. 59)

[^key-8cfb4993ec4a2562066b94c072bc695c]: Words in reg. 18(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(4)(b) (with reg. 59)

[^key-0bdc083523d587bb3b28ebd4913afede]: Words in reg. 18(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 13(4)(c) (with reg. 59)