The Child Support Departure Direction and Consequential Amendments Regulations 1996

PART VII EFFECTIVE DATE AND DURATION OF A DEPARTURE DIRECTION

Refusal to give a departure direction under section 28F(4)of the Act

31.  The Secretary of State shall not give a departure direction in accordance with section 28F of the Act if he is satisfied that the difference between the current amount and the revised amount is less than £1.00.

Effective date of a departure direction

32.—(1) Where an application is made on the grounds set out in section 28A(2)(a) of the Act (the effect of the current assessment) and that application is given or sent within 28 days of the date of notification of the current assessment (whether or not that assessment has been made following an interim maintenance assessment), a departure direction given in response to that application shall take effect—

(a) where it is given on grounds that relate to the whole of the period between the effective date of the current assessment and the date on which that assessment is made, on the effective date of that assessment;

(b) in a case not falling within sub-paragraph (a), on the first day of the maintenance period following the date upon which the circumstances giving rise to that application first arose.

(2) Where an application is made on the grounds set out in section 28A(2)(a) of the Act (the effect of the current assessment) and that application is given or sent later than 28 days after the date of notification of the current assessment (whether or not that assessment has been made following an interim maintenance assessment)—

(a) subject to sub-paragraph (b), a departure direction given in response to that application shall take effect on the first day of the maintenance period during which that application is received;

(b) where the Secretary of State is satisfied that there was unavoidable delay, he may, for the purposes of determining the date on which a departure direction takes effect, treat the application as if it were given or sent within 28 days of the date of notification of the current assessment.

(3) The provisions of paragraphs (1) and (2) are subject to the provisions of paragraph (6) and of regulations 47 to 50.

(4) Subject to paragraph (6), where an application for a departure direction is made on the grounds set out in section 28A(2)(b) of the Act (a material change in the circumstances of the case since the current assessment was made), any departure direction given shall take effect on the first day of the maintenance period during which the application was received.

(5) An application may be made on the grounds set out in section 28A(2)(b) of the Act only if the material change in the circumstances on which it is based has already occurred.

(6) Where—

(a) an application has been determined in accordance with regulation 15(4)(b);

(b) a subsequent application is made with respect to special expenses falling within regulation 15(1) each of which is an expense in respect of which the earlier application was made; and

(c) the Secretary of State is satisfied that there was good cause for the applicant or his dependant not applying for disability living allowance or, as the case may be, attendance allowance within the six week period specified in regulation 15(4)(a),

any departure direction given in response to the later application shall take effect from the date that the earlier direction had effect, or would have had effect if an earlier direction had been given.

(7) Where, under the provisions of regulation 4(12), a later application is treated as an application in respect of grounds for which the earlier direction was given, or in respect of grounds for which the earlier direction was given in relation to which there have been no changes of circumstances, and a direction is given, that direction shall take effect in accordance with the provisions of paragraphs (1), (2) and (4) as applied to the additional grounds or, as the case may be, the grounds in respect of which there has been a change of circumstances, and the earlier direction shall cease to have effect immediately before the coming into force of that direction.

(8) Where a direction is given following an application that is treated as having been made by virtue of the provisions of regulation 4(13), that direction shall take effect on the first day of the maintenance period during which the Secretary of State is satisfied that a ground in respect of which the application for the earlier direction was made no longer applies, and the earlier direction shall cease to have effect immediately before the direction that is given takes effect.

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

33.—(1) Where the Secretary of State is satisfied that, following a review under section 16, 17, 18 or 19 of the Act or a change in the circumstances of the case, it is no longer appropriate for a departure direction to continue to have effect, he shall cancel that direction.

(2) A departure direction that is cancelled under the provisions of paragraph (1) shall cease to have effect on the first day of the maintenance period during which the Secretary of State is given or sent, or becomes aware of, the information which leads him to become satisfied that it is no longer appropriate for the departure direction to continue to have effect.

(3) Where a departure direction has effect and the applicant in respect of whom the direction was given applies for a further departure direction in respect of the same grounds, any departure direction given in response to that application shall take effect in accordance with the provisions of paragraphs (1), (2) and (4) of regulation 32, and the earlier direction shall cease to have effect immediately prior to the coming into effect of the later direction.

Cancellation of a departure direction on recognition of an error

34.—(1) Where the Secretary of State is satisfied that a departure direction was given in error, he shall cancel that direction.

(2) The cancellation of a departure direction under paragraph (1) shall take effect from the date on which that direction took effect.

Termination and suspension of departure directions

35.—(1) Subject to paragraphs (2), (3) and (4), where a departure direction has effect in relation to the amount of child support maintenance fixed by a maintenance assessment which is cancelled or ceases to have effect, that departure direction shall cease to have effect and shall not subsequently take effect.

(2) Where a child support officer ceases to have jurisdiction to make a maintenance assessment and subsequently acquires jurisdiction to make a maintenance assessment in respect of the same absent parent, person with care and any child with respect to whom the earlier assessment was made, a departure direction for a case falling within paragraph 3 or 4 of Schedule 4B to the Act shall again take effect from the effective date of the fresh maintenance assessment.

(3) Where a departure direction had effect in relation to the amount of child support maintenance fixed by a maintenance assessment which is, under regulation 8(2) of the Maintenance Arrangements and Jurisdiction Regulations (maintenance assessments and maintenance orders made in error), treated as not having been cancelled or not having ceased to have effect, that departure direction shall again take effect from the date that maintenance assessment was cancelled or ceased to have effect, except where there has, since that maintenance assessment was cancelled or ceased to have effect, been a material change of circumstances relevant to that departure direction.

(4) Where—

(a) a departure direction is in force in respect of an interim maintenance assessment or a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act;

(b) that interim maintenance assessment is replaced by another (“the later interim maintenance assessment”) or, as the case may be, that maintenance assessment is replaced by an interim maintenance assessment; and

(c) by virtue of regulation 10 a departure direction would not be given if that interim maintenance assessment or that later interim maintenance assessment had been in force at the time that departure direction was given, that departure direction shall be suspended until that interim maintenance assessment or that later interim maintenance assessment has been cancelled or has ceased to have effect and shall again take effect from the effective date of an interim maintenance assessment to which regulation 10 does not apply, or of a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act, which follows the interim maintenance assessment referred to in sub-paragraph (c).

(5) For the purposes of paragraph (4), a departure direction which is in force shall include a departure direction which is suspended.