The Child Support Departure Direction (Anticipatory Application) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for applications for departure directions to be made even though section 28A of the Child Support Act 1991 (“the 1991 Act”) is not in force, and for such applications to be determined as if sections 28A to 28H and section 28I(1) to (3) of, and Schedules 4A and 4B to, the 1991 Act were in force. Sections 28A to 28I and Schedules 4A and 4B were inserted into the 1991 Act by the Child Support Act 1995.

Regulations 1 to 3 contain interpretation provisions, provisions as to applications for departure directions and their determination and rounding provisions.

Regulations 4 to 12 contain provisions relating to the manner in which an application is to be made and to the Secretary of State’s preliminary consideration of an application.

Regulations 13 to 29 and the Schedule make provision in relation to cases in which a departure direction may be given: regulations 13 to 20 relate to special expenses, regulations 21 and 22 and the Schedule to property or capital transfers and regulations 23 to 29 to additional cases where a departure direction may be given.

The Schedule contains a table for calculating the equivalent weekly value of a transfer of property. The factors in the table are derived from the standard formula used in annuity calculations.

Regulation 30 prescribes factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction.

Regulations 31 to 35 contain provisions as to the effective date and the duration of a departure direction.

Regulations 36 to 44 contain provisions as to the maintenance assessment which is to be made in consequence of a departure direction.

These Regulations impose no costs on business.