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The Child Support Departure Direction (Anticipatory Application) Regulations 1996

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1.—(1) Subject to paragraphs 3 and 4, the equivalent weekly value of a transfer of property shall be calculated by multiplying the value of a transfer of property determined in accordance with regulation 22(1) by the relevant factor specified in the Table set out in paragraph 2 (“the Table”).

(2) For the purposes of sub-paragraph (1), the relevant factor is the number in the Table at the intersection of the column for the relevant statutory rate prescribed for a judgment debt and of the row for the number of years of liability.

(3) In sub-paragraph (2)—

(a)“the relevant statutory rate prescribed for a judgment debt” means the interest at the statutory rate prescribed for a judgment debt(1) applying at the date of the court order or written agreement relating to the transfer of the property;

(b)“the number of years of liability” means the number of years, beginning on the date of the court order or written agreement relating to the transfer of the property and ending on—

(i)the date specified in that order or agreement as the date on which maintenance for the youngest child in respect of whom that order or agreement was made shall cease, or the occurrence of the event specified in that order or agreement as the event on the occurrence of which such maintenance shall cease; or

(ii)if no such date or event is specified, the date on which the youngest child specified in the order or agreement reaches the age of 18,

and where that period includes a fraction of a year, that fraction shall be treated as a full year if it is either one half or exceeds one half of a year, and shall otherwise be disregarded.

(1)

See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

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