The Child Support (Transitional Provisions) Regulations 2000

Effect of relevant departure direction on conversion calculation—general

23.  –

(1) Subject to paragraphs (4) and (5), where more than one relevant departure direction applies regulations 18 to 22 shall apply and the results shall be aggregated as appropriate.

(2) Paragraph 7(2) to (7) of Schedule 1 to the Act (shared care) shall apply where the rate of child support maintenance is affected by a relevant departure direction, other than one falling within paragraph (3) of regulation 17 (illness and disability costs), and paragraph 7(2) of that Schedule shall be read as if after the words “as calculated in accordance with the preceding paragraphs of this Part of this Schedule” there were inserted the words “, the Child Support (Transitional Provisions) Regulations 2000(1)”.

(3) Subject to paragraphs (4) and (5), where the non-resident parent shares the care of a qualifying child within the meaning in Part I of Schedule 1 to the Act, or where the care of such a child is shared in part by a local authority, the amount of child support maintenance the non-resident parent is liable to pay the person with care, calculated to take account of any relevant departure direction, shall be reduced in accordance with the provisions of paragraph 7 of that Part, or regulation 9 of the Maintenance Calculations and Special Cases Regulations, as the case may be.

(4) Subject to paragraph (5), where a relevant departure direction is one falling within paragraph (4) of regulation 17 (property or capital transfer) the amount of the relevant departure direction shall be deducted from the amount of child support maintenance the non-resident parent would otherwise be liable to pay the person with care in respect of whom the transfer was made after aggregation of the effects of any relevant departure directions as provided in paragraph (1) or deduction for shared care as provided in paragraph (3).

(5) If the application of regulation 19, or paragraphs (3) or (4), would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than a figure equivalent to the first prescribed amount, the new amount shall instead be the first prescribed amount and shall be apportioned as provided in paragraph 6 of Part I of Schedule 1 to the Act, and Regulations made under that Part.

(1)

S.I. 2000/3186.