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The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001

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Applications for a departure direction or a variation made after calculation date

6.—(1) Where an application for a departure direction or a variation is made after notification of the conversion decision the Department shall—

(a)where the grounds of the application are subject only to a decision under the Departure Regulations, make a decision under those Regulations;

(b)where the grounds of the application are subject to a decision or determination, as the case may be, under—

(i)the Departure Regulations, and

(ii)the Variations Regulations,

make a decision under the Departure Regulations; or

(c)where the grounds of the application are subject only to a determination under the Variations Regulations, treat the application as an advance application for a variation.

(2) Where the Department has made a decision or a determination in which it agrees to the departure direction or variation applied for as provided under paragraph (1) it shall—

(a)where the decision is made under paragraph (1)(a), supersede the maintenance assessment in accordance with the Maintenance Assessment Procedure Regulations and the conversion decision in accordance with the Decisions and Appeals Regulations;

(b)where the decision is made under paragraph (1)(b), supersede the maintenance assessment in accordance with the Maintenance Assessment Procedure Regulations and the conversion decision in accordance with the Decisions and Appeals Regulations to give effect to any relevant departure direction, and from the case conversion date any variation, in the decision; or

(c)where a determination is made under paragraph (1)(c), supersede the conversion decision in accordance with the Decisions and Appeals Regulations.

(3) Where the Department does not have the information required to make a decision under paragraph (1) it shall not revise or supersede the conversion decision.

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