The Child Support Departure Direction (Anticipatory Application) Regulations 1996

• (2) In a case falling within paragraph (1), the amount of child support maintenance payable in respect of each application for child support maintenance following the direction shall be the total maintenance payable in consequence of the direction divided in the ratio that the maintenance assessments calculated in accordance with the provisions of Part I of Schedule 1 to the Act in respect of each application bear to each other.

• (3) Where, in a case falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations, a departure direction has been given in respect of an absent parent in a case falling within paragraph 3 of Schedule 4B to the Act (property or capital transfers), the equivalent weekly value of the transfer of property as calculated in accordance with regulation 22 shall be deducted from the amount of any maintenance assessment calculated in accordance with the provisions of Part I of Schedule 1 to the Act in respect of the person with care or child to or in respect of whom the property transfer was made.

Maintenance assessment following a departure direction where there is a phased maintenance assessment

43

• (1) Where a departure direction is given in a case falling within a relevant enactment, the assessment made in consequence of that direction shall be the assessment that fixes the amount of child support maintenance that would be payable but for the provisions of that enactment (“the unadjusted departure amount”).

• (2) Where a departure direction takes effect on the effective date of a maintenance assessment to which the provisions of a relevant enactment become applicable, those provisions shall remain applicable to that case following the departure direction.

• (3) Where a departure direction takes effect on a date later than the date on which the provisions of a relevant enactment become applicable to a maintenance assessment, the amount of child support maintenance payable in consequence of that direction shall be—

• (a) where the unadjusted departure amount is more than the formula amount, the phased amount plus the difference between the unadjusted departure amount and the formula amount;

• (b) where the unadjusted departure amount is more than the phased amount but less than the formula amount, the phased amount;

• (c) where the unadjusted departure amount is less than the phased amount, the unadjusted departure amount.

• (4) Regulation 31 shall have effect for cases falling within this regulation as if “current amount” referred to the amount payable under the maintenance assessment that would be in force when the departure direction is given but for the provisions of the relevant enactment and “revised amount” referred to the unadjusted departure amount.

• (5) In this regulation—

• “the 1992 enactment” means Part II of the Schedule to the Child Support Act 1991 (Commencement No. 3 and Transitional Provisions) Order 1992[^f00026] (modification of maintenance assessment in certain cases);

• “the 1994 enactment” means Part III of the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994[^f00027] (transitional provisions);

• “formula amount” has the same meaning as in the relevant enactment;

• “phased amount” means— where the 1992 enactment is applicable to the particular case, the modified amount as defined in paragraph 6 of that enactment; where the 1994 enactment is applicable to the particular case, the transitional amount as defined in regulation 6(1) of that enactment;

• “relevant enactment” means— the 1992 enactment where that enactment is applicable to the particular case; the 1994 enactment where that enactment is applicable to the particular case.

SCHEDULE — Equivalent weekly value of a transfer of property

1

• (1) Subject to paragraphs 3 and 4, the equivalent weekly value of a transfer of property shall be calculated by multiplying the value of a transfer of property determined in accordance with regulation 22(1) by the relevant factor specified in the Table set out in paragraph 2 (“the Table”).

• (2) For the purposes of sub-paragraph (1), the relevant factor is the number in the Table at the intersection of the column for the relevant statutory rate prescribed for a judgment debt and of the row for the number of years of liability.

• (3) In sub-paragraph (2)—

• (a) “the relevant statutory rate prescribed for a judgment debt” means the interest at the statutory rate prescribed for a judgment debt[^f00028] applying at the date of the court order or written agreement relating to the transfer of the property;

• (b) “the number of years of liability” means the number of years, beginning on the date of the court order or written agreement relating to the transfer of the property and ending on—

• (i) the date specified in that order or agreement as the date on which maintenance for the youngest child in respect of whom that order or agreement was made shall cease, or the occurrence of the event specified in that order or agreement as the event on the occurrence of which such maintenance shall cease; or

• (ii) if no such date or event is specified, the date on which the youngest child specified in the order or agreement reaches the age of 18,

and where that period includes a fraction of a year, that fraction shall be treated as a full year if it is either one half or exceeds one half of a year, and shall otherwise be disregarded.

2

The Table referred to in paragraph 1(1) is set out below—

3

The equivalent weekly value of the property transferred shall be nil if the value of the transfer of the property is less than £5,000.

4

The Secretary of State may determine a lower equivalent weekly value than that determined in accordance with paragraphs 1 and 2 where the amount of child support maintenance that would be payable in consequence of a departure direction specifying that value is lower than the amount of maintenance that was payable under the court order or written agreement referred to in regulation 21.

5

In this Schedule, “maintenance” has the same meaning as in paragraph 3(2) of Schedule 4B to the Act.

Signed

Signed by authority of the Secretary of State for Social Security

A. J. B. Mitchell — Parliamentary Under-Secretary of State, — Department of Social Security — 7th March 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for applications for departure directions to be made even though section 28A of the Child Support Act 1991 (“the 1991 Act”) is not in force, and for such applications to be determined as if sections 28A to 28H and section 28I(1) to (3) of, and Schedules 4A and 4B to, the 1991 Act were in force. Sections 28A to 28I and Schedules 4A and 4B were inserted into the 1991 Act by the Child Support Act 1995.

Regulations 1 to 3 contain interpretation provisions, provisions as to applications for departure directions and their determination and rounding provisions.

Regulations 4 to 12 contain provisions relating to the manner in which an application is to be made and to the Secretary of State’s preliminary consideration of an application.

Regulations 13 to 29 and the Schedule make provision in relation to cases in which a departure direction may be given: regulations 13 to 20 relate to special expenses, regulations 21 and 22 and the Schedule to property or capital transfers and regulations 23 to 29 to additional cases where a departure direction may be given.

The Schedule contains a table for calculating the equivalent weekly value of a transfer of property. The factors in the table are derived from the standard formula used in annuity calculations.

Regulation 30 prescribes 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.

Regulations 31 to 35 contain provisions as to the effective date and the duration of a departure direction.

Regulations 36 to 44 contain provisions as to the maintenance assessment which is to be made in consequence of a departure direction.

These Regulations impose no costs on business.

Footnotes

[^f00001]: These Regulations make provision for enabling applications for departure directions to be made and for the determination of such applications even though section 28A of the Child Support Act 1991 is not in force, and for such applications to be determined as if sections 28A to 28H and section 28I(1) to (3) of, and Schedules 4A and 4B to, that Act were in force. Sections 28A to 28I and Schedules 4A and 4B were inserted into the Child Support Act 1991 by the Child Support Act 1995 (1995 c. 34).

[^f00002]: Section 54 is cited because of the meaning ascribed to the word “prescribed”.

[^f00003]: 1991 c. 48.

[^f00004]: 1992 c. 4.

[^f00005]: S.I. 1992/1813; the relevant amending instruments are S.I. 1994/227, 1995/123, 1995/1045 and 3261.

[^f00006]: S.I. 1992/1815; the relevant amending instruments are S.I. 1993/913, 1994/227, 1995/1045 and 3261.

[^f00007]: Paragraph (2) of regulation 1 has been amended by S.I. 1993/913, 1995/1045 and 3261.

[^f00008]: 1971 c. 80.

[^f00009]: 1995 c. 18.

[^f00010]: Regulation 8(3) was substituted by regulation 16 of S.I. 1995/3261.

[^f00011]: 1988 c. 1.

[^f00012]: 1977 c. 49.

[^f00013]: Paragraph 3(4) was amended by S.I. 1995/1045 and paragraph 3(5) by S.I. 1994/227.

[^f00014]: 1988 c. 1.

[^f00015]: Paragraph (1) of regulation 9 was amended by regulation 44(2) of S.I. 1995/1045. Paragraph (2) was amended by regulation 9(2)(c) of S.I. 1993/913 and regulation 44(3) of S.I. 1995/1045.

[^f00016]: S.I. 1987/1967. Paragraphs 1 and 2 of Schedule 2 were substituted by Schedule 4 to S.I. 1995/559; paragraph 15 was substituted by Schedule 5 to that instrument.

[^f00017]: 1948 c. 38.

[^f00018]: 1979 c. 53.

[^f00019]: 1979 c. 12.

[^f00020]: Sub-paragraph (i) was added to regulation 9(1) by regulation 44(2)(b) of S.I. 1995/1045.

[^f00021]: Regulation 10 was amended by regulation 45 of S.I. 1995/1045.

[^f00022]: Sub-paragraphs (a) to (k) of paragraph (1) have been amended by regulation 4(4) of S.I. 1994/227, by regulation 46(2)(a), (b) and (c) of S.I. 1995/1045, and by regulation 43(1), (2) and (3) of S.I. 1995/3261. Sub-paragraph (kk) was added to paragraph (1) of regulation 11 by regulation 46(2)(d) of S.I. 1995/1045.

[^f00023]: Sub-paragraph (bb) was added to paragraph (1) of regulation 9 by regulation 44(2)(a) of 1995/1045.

[^f00024]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.

[^f00025]: Regulation 22 was amended by regulation 23 of S.I. 1993/913, regulation 51 of S.I. 1995/1045 and regulation 45 of S.I. 1995/3261.

[^f00026]: S.I. 1992/2644. The relevant amending instrument is S.I. 1993/966.

[^f00027]: S.I. 1994/227. The relevant amending instrument is S.I. 1995/1045.

[^f00028]: See Order 42, rule 1 of the Rules of the Supreme Court, S.I. 1965/1776.