Application for a departure direction

Applications for departure directions.
1
1
In the 1991 Act, insert after section 28—

Departure from usual rules for determining maintenance assessments

Application for a departure direction.
28A
1
Where a maintenance assessment (“the current assessment”) is in force—
a
the person with care, or absent parent, with respect to whom it was made, or
b
where the application for the current assessment was made under section 7, either of those persons or the child concerned,
may apply to the Secretary of State for a direction under section 28F (a “departure direction”).
2
An application for a departure direction shall state in writing the grounds on which it is made and shall, in particular, state whether it is based on—
a
the effect of the current assessment; or
b
a material change in the circumstances of the case since the current assessment was made.
3
In other respects, an application for a departure direction shall be made in such manner as may be prescribed.
4
An application may be made under this section even though—
a
an application for a review has been made under section 17 or 18 with respect to the current assessment; or
b
a child support officer is conducting a review of the current assessment under section 16 or 19.
5
If the Secretary of State considers it appropriate to do so, he may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.
6
Schedule 4A has effect in relation to departure directions.
2
Schedule 1 inserts in the 1991 Act a new Schedule 4A which makes supplemental provision with respect to procedural and other matters.
S. 1 repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
S. 1 wholly in force at 2.12.1996; s. 1 not in force at Royal Assent see s. 30(4); s. 1(1)(2) in force at 14.10.1996 for certain purposes by S.I. 1996/2630, art. 2(1), Sch. Pt. I; S. 1 wholly in force in force at 2.12.1996 by S.I. 1996/2630, art. 2(2), Sch. Pt. II