The Child Support Departure Direction and Consequential Amendments Regulations 1996

[F1 Child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income but case still fell within paragraph 2(3) of Schedule 1 to the ActE+W+S

41.—(1) Subject to regulation 42 and paragraph (8), where the effect of a departure direction would, but for the following provisions of this regulation, be to reduce an absent parent’s assessable income and his assessable income following that direction would be such that the case fell within paragraph 2(3) of Schedule 1 to the Act (additional element of maintenance payable), the amount of child support maintenance payable shall be determined in accordance with paragraphs (2) to (5).

(2) There shall be calculated the amount equal to A x P, where A is equal to the amount that would be the absent parent’s assessable income if the departure direction referred to in paragraph (1) had been given and P has the value prescribed in regulation 5 of the Maintenance Assessments and Special Cases Regulations.

[F2(3) There shall be determined the amount that would be payable under a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.]

[F3(4) The revised amount for the purposes of regulation 7 (rejection of application on completion of a preliminary consideration) and regulation 31 (refusal to give a departure direction under section 28F(4) of the Act) shall be the lowest of the following amounts—

(a)the amount calculated in accordance with paragraph (2);

(b)the amount determined in accordance with paragraph (3);

(c)where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses—protected income) would apply if a departure direction were given, the amount payable under those provisions,

and the Secretary of State may apply regulation 7 and shall apply regulation 31 in relation to the current amount and the revised amount as so construed.]

(5) F4... Where the application of the provisions of paragraph (4) results in a departure direction being given, the amount of child support maintenance payable following that direction shall be determined by [F5the Secretary of State] as being the revised amount as defined in paragraph (4).

(6) Where the assessable income of an absent parent changes following [F6a decision under section 16 of the Act revising a decision as to a maintenance assessment or a decision under section 17 of the Act superseding a decision as to a maintenance assessment], the provisions of paragraphs (2) to (5) shall be applied to—

(a)the amount calculated under paragraph (2) which takes account of the change in assessable income; and

(b)the amount that would be payable under the maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act which takes account of that change in assessable income.

F7(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a departure direction given in accordance with the provisions of [F8paragraphs (1) to (6)] has effect, those provisions shall apply, subject to the modifications set out in paragraph (9), where—

(a)the effect of a later direction would, but for the provisions of paragraphs (2) to (5), be to change the absent parent’s assessable income and his assessable income following the direction would be such that the case fell within paragraph 2(3) of Schedule 1 to the Act (additional element of maintenance payable); and

(b)that assessable income following the later direction would be less than the assessable income would be if it were calculated in accordance with the provisions of Part I of Schedule 1 to the Act by reference to the circumstances at the time the application for the later direction is made.

(9) The modifications referred to in paragraph (8) are—

(a)in paragraph (2), A would be the absent parent’s assessable income following the later direction but for the provisions of paragraphs (3) to (5);

(b)the references to regulation 7 in paragraph (4) are omitted.]

Textual Amendments

F1Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)