The Child Support Departure Direction and Consequential Amendments Regulations 1996

Transitional provisions—application before 2nd December 1996

47.—(1) This paragraph applies in any case where an application for a departure direction has been made before 2nd December 1996(1).

(2) Where paragraph (1) applies, the Secretary of State shall request the applicant to inform him in writing before 2nd December 1997—

(a) whether he wishes the application to be treated as an application under these Regulations in respect of the maintenance assessment in force on 2nd December 1996; and

(b) whether there have been any changes in the circumstances which are relevant for the determination or, as the case may be, redetermination of the application which have occurred since his application and, if so, what those changes are.

(3) Where the applicant fully complies with the request set out in paragraph (2), and states that he wishes the application to be treated as described in paragraph (2)(a), the Secretary of State shall treat the application as an application under these Regulations which contains the statement mentioned in section 28A(2)(a) of the Act, and paragraphs (4) to (10) and regulation 48 shall apply.

(4) Where the applicant informs the Secretary of State that there have not been any changes of the kind mentioned in paragraph (2)(b), the Secretary of State shall nevertheless invite representations in writing from the relevant persons other than the applicant.

(5) Where the applicant informs the Secretary of State that there have been changes in the circumstances of the kind mentioned in paragraph (2)(b), the Secretary of State shall—

(a) give notice that he has been informed of such changes to the relevant persons other than the applicant;

(b) send to them the information as to such changes which the applicant has given except where the Secretary of State considers that information to be information of the kind falling within paragraph (2) of regulation 8;

(c) invite representations in writing from the relevant persons other than the applicant as to such changes; and

(d) set out the provisions of paragraph (6) in relation to such representations.

(6) The following provisions shall apply to information provided under paragraph (2)(b) or representations made following an invitation made in accordance with paragraph (4) or (5)(c)—

(a) paragraphs (2) to (11) of regulation 8, subject to the modification set out in paragraph (7);

(b) in relation to an applicant, regulations 6 and 7.

(7) The modification of regulation 8 mentioned in paragraph (6)(a) is that for the references to paragraph (1) or, as the case may be, paragraph (1)(c) of that regulation, there were substituted references to paragraph (5) or, as the case may be, paragraph (5)(c) of this regulation.

(8) Where the Secretary of State has not determined the application in accordance with the Departure Direction Anticipatory Application Regulations, a determination shall be made in accordance with these Regulations.

(9) Where the Secretary of State has determined the application in accordance with the Departure Direction Anticipatory Application Regulations, he shall determine whether there have been any changes in—

(a) the circumstances referred to in paragraph (2)(b);

(b) the relevant provisions of these Regulations compared with the corresponding provisions of the Departure Direction Anticipatory Application Regulations.

(10) Where the Secretary of State determines that there have been no changes of the kind referred to in paragraph (9)(a) or (b), and the relevant persons other than the applicant have not made any representations in accordance with paragraph (4), his determination of the application in accordance with the Departure Direction Anticipatory Application Regulations shall take effect.

(11) Where the Secretary of State determines that there have been changes of the kind referred to in paragraph (9)(a) or (b), or where the relevant persons other than the applicant have made representations, he shall make a determination of the application, taking those changes and representations into account, in accordance with these Regulations.

(1)

Section 28A of the Act and other provisions of the Act relating to departure directions come fully into force on 2nd December 1996.