The Child Support (Miscellaneous Amendments) Regulations 1998

Amendment of regulation 42 of the Departure Direction Regulations

24.—(1) Regulation 42 of the Departure Direction Regulations (application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraphs—

“(1) Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 2 of Schedule 4B to the Act (special expenses) and paragraph 3 of that Schedule (property or capital transfers), regulation 41 shall be applied subject to the modifications set out in paragraphs (1A) to (3).

(1A) In paragraph (1) of regulation 41, the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the reference to the absent parent’s assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.”.

(3) For paragraph (3), there shall be substituted the following paragraph—

“(3) For the purposes of this regulation, the revised amount for the purposes of regulations 7 and 31 shall be—

(a) subject to sub-paragraph (b), the lower of the amounts specified in sub-paragraphs (a) and (b) of paragraph (4) of regulation 41, subject to paragraph (2) of this regulation, less the amount determined in accordance with regulation 22 (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act);

(b) where the amount specified in sub-paragraph (c) of paragraph(4) of regulation 41 is lower than the amount determined in accordance with sub-paragraph (a), that amount.”.

(4) In paragraph (4), after the words “following that direction shall be” there shall be inserted the words “determined by the child support officer as being”.