Statutory Instrument 1996 No. 635

      The Child Support Departure Direction (Anticipatory Application) Regulations 1996


      © Crown Copyright 1996

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STATUTORY INSTRUMENTS

1996 No. 635

FAMILY LAW
CHILD SUPPORT

The Child Support Departure Direction (Anticipatory Application) Regulations 1996

Made 7th March 1996
Laid before Parliament 11th March 1996
Coming into force 9th April 1996


ARRANGEMENT OF REGULATIONS

PART I
General
1.  Citation, commencement and interpretation
2.  Applications for a departure direction and the determination of applications
3.  Determination of amounts
PART II
Procedure on an application for a departure direction and preliminary consideration
4.  Application for a departure direction
5.  Amendment or withdrawal of application
6.  Provision of information
7.  Rejection of application on completion of a preliminary consideration
8.  Procedure in relation to the determination of an application
9.  Disclosure of information by a child support officer
10.  Departure directions and interim maintenance assessments
11.  Lapse of an application
12.  Meaning of "benefit" for the purposes of section 28E of the Act
PART III
Special expenses
13.  Costs incurred in travelling to work
14.  Contact costs
15.  Illness or disability
16.  Debts incurred before the absent parent became an absent
17.  Pre-1993 financial commitments
18.  Costs incurred in supporting certain children
19.  Special expenses for a case falling within regulation 13, 14, 16 or 17
20.  Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given
PART IV
Property or capital transfers
21.  Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Act
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
PART V
Additional Cases
23.  Assets capable of producing income or higher income
24.  Diversion of income
25.  Life-style inconsistent with declared income
26.  Unreasonably high housing costs
27.  Partner's contribution to housing costs
28.  Unreasonably high travel costs
29.  Travel costs to be disregarded
PART VI
Factors to be taken into account for the purposes of section 28F of the Act
30.  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
PART VII
Effective date and duration of a departure direction
31.  Refusal to give a departure direction under section 28F(4) of the Act
32.  Effective date of a departure direction
33.  Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances
34.  Cancellation of a departure direction on recognition of an error
35.  Termination and suspension of departure directions
PART VIII
Maintenance assessment following a departure direction
36.  Effect of a departure direction—general
37.  Effect of a departure direction in respect of special expenses—exempt income
38.  Effect of a departure direction in respect of special expenses—protected income
39.  Effect of a departure direction in respect of a transfer of property
40.  Effect of a departure direction in respect of additional cases
PART IX
Maintenance assessment following a departure direction: particular cases
41.  Child support maintenance payable following a departure direction which results in a decrease in an absent parent's assessable income
42.  Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations
43.  Maintenance assessment following a departure direction where there is a phased maintenance assessment

  SCHEDULE  Equivalent weekly value of a transfer of property

 

Explanatory Note


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Prepared 20th September 2000