[F1F2F3Departure directionsN.I.
28F.—(1) The Department may give a departure direction if—
(a)the Department is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
(b)it is the Department's opinion that, in all the circumstances of the case, it would be just and equitable to give a departure direction.
(2) In considering whether it would be just and equitable in any case to give a departure direction, the Department shall have regard, in particular, to—
(a)the financial circumstances of the absent parent concerned,
(b)the financial circumstances of the person with care concerned, and
(c)the welfare of any child likely to be affected by the direction.
(3) The Department may by regulations make provision—
(a)for factors which are to be taken into account in determining whether it would be just and equitable to give a departure direction in any case;
(b)for factors which are not to be taken into account in determining such a question.
(4) The Department shall not give a departure direction if it is satisfied that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Department for the purposes of this paragraph and Article 28B(2).
(5) In paragraph (4)—
“the current amount” means the amount of the child support maintenance fixed by the current assessment, and
“the revised amount” means the amount of child support maintenance which would be fixed if a fresh maintenance assessment were to be made as a result of the departure direction which the Department would give in response to the application but for paragraph (4).
(6) A departure direction shall—
(a)require[F4 the making of] one or more fresh maintenance assessments; and
(b)specify the basis on which the amount of child support maintenance is to be fixed by any assessment made in consequence of the direction.
(7) In giving a departure direction, the Department shall comply with the provisions of regulations made under Part II of Schedule 4B.
(8) Before the end of such period as may be prescribed, the Department shall notify the applicant for a departure direction, and such other persons as may be prescribed—
(a)of its decision in relation to the application, and
(b)of the reasons for its decision.]
F2prosp. in pt. subst. 2000 c. 4 (NI)
F3see SR 2001/24 which am. and rep. for the purpose only of making regulations