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

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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”(1) 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(2)—

(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)(3) (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—

  • where, A, T, B and D have the same meanings as in paragraph (2)..

(1)

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

(2)

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

(3)

Paragraph (2) was substituted by regulation 9(11) of S.R. 1995 No. 162

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