(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care to or in respect of whom income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment at the date on which any departure direction given in response to that application would take effect; or

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.

    (2) A transfer shall not constitute a transfer of property for the purposes of paragraph 3(1)(b) or 4(1)(b) of Schedule 4B to the Act, or of regulations 21 and 22, where the application is made - 

(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care and, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.

    (3) A case shall not constitute a case under regulations 23 to 29 where the application is made - 

(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment to or in respect of the person with care of the child or children in relation to whom the maintenance assessment in question is made;

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment is made.".

(a) an application under section 28A of the Act has been made in respect of a current assessment;

(b) after the making of that application that current assessment has been reviewed under section 16, 17, 18 or 19 of the Act, whether or not that review was initiated by a reference under section 28B(4) of the Act; and

(c) following that review, a fresh maintenance assessment has been made - 


(i) the effective date of which is the same as the effective date of that current assessment; or

(ii) which takes effect on the correct date applicable to that current assessment in circumstances where that current assessment has been reviewed on grounds which include the ground that its effective date was incorrect,



references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to that fresh maintenance assessment.".

" (aa) at least one of the children referred to in sub-paragraph (a) is a child in respect of whom the current assessment was made; and".

" (a) the child became a relevant child prior to 5th April 1993 and has remained a relevant child for the whole of the period from that date to the date on which any departure direction given in response to an application under this regulation would take effect;";

(b) for sub-paragraph (b), there shall be substituted the following sub-paragraph - 

" (b) subject to paragraph (7) - 


(i) the liability of the absent parent of a relevant child to pay maintenance to or for the benefit of that child under a maintenance order, a written maintenance agreement or a maintenance assessment; or

(ii) any deduction from benefit under section 43 of the Act in place of payment of child support maintenance to or for the benefit of that child,



is less than the amount specified in paragraph (4), or there is no such liability or deduction; and".

" (c) except where the family includes other children of the parent, an amount equal to the income support family premium - 


(i) specified in sub-paragraph (a) of paragraph 3 of that Schedule where, if the applicant were a claimant, the rate of income support family premium specified in that sub-paragraph would be applicable to him; or

(ii) specified in paragraph 3(b) in all other cases.";

(d) sub-paragraph (d) shall be omitted.

" (a) a child who is not the child of a particular person is a part of that person's family where - 


(i) that child is the child of a current partner of that person; or

(ii) that child is the child of a former partner of that person and lives in the same household as the applicant for every night of each week;".

" (c) except where the family includes other children of the parent, an amount equal to the income support family premium specified in paragraph 3(1)(b) of that Schedule that would be payable if the parent were a claimant.".

(a) out of capital belonging to him; or

(b) by his partner, unless the non-applicant is able to influence or control the amount of income received by that partner.".

(a) from the first day of the maintenance period immediately following the date on which the absent parent and the parent with care have agreed the pattern of contact for the future is to commence; or

(b) where no such date has been so agreed, from the first day of the maintenance period immediately following the date upon which the departure direction is given.".