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

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Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Order

42.—(1) Where the application of regulation 41 to a case would result in a change in the amount of child support maintenance payable and a direction is given in respect of a transfer of property falling within paragraph 3 of Schedule 4B to the Order, regulation 41 shall be applied subject to the modifications set out in paragraphs (2) and (3).

(2) Where the exempt income of an absent parent includes a component of exempt income determined in accordance with regulation 9(1)(bb) of the Maintenance Assessments and Special Cases Regulations, that amount shall be excluded—

(a)in calculating the amount A defined in regulation 41(2);

(b)in calculating the maintenance assessment specified in regulation 41(3).

(3) For the purposes of this regulation, the revised amount for the purposes of regulations 7 and 31 shall be the amount as defined in regulation 41(4), subject to paragraph (2), less the amount determined in accordance with regulation 22 (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Order).

(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 the revised amount as defined in paragraph (3).

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