Statutory Rule 1996 No. 541

      The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996


      © Crown Copyright 1996

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STATUTORY RULES OF NORTHERN IRELAND

1996 No. 541

FAMILY LAW

CHILD SUPPORT

The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

Made 21st November 1996
Coming into operation 2nd December 1996


ARRANGEMENT OF REGULATIONS

Part I
General
1.  Citation, commencement and interpretation
2.  Documents
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.  Departure directions and persons in receipt of income support or income-based jobseeker's allowance
10.  Departure directions and interim maintenance assessments
11.  Departure application and review under Article 19 of the Order
12.  Meaning of "benefit" for the purposes of Article 28E of the Order
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 parent
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 Order
22.  Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Order
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 Article 28F of the Order
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 Article 28F(4) of the Order
32.  Effective date of a departure direction
33.  Cancellation of a departure direction following a review under Article 18, 19, 20 or 21 of the Order 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 where effect of a departure direction would be to decrease an absent parent's assessable income but case still fell within paragraph 2(3) of Schedule 1 to the Order
42.  Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Order
43.  Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations
44.  Maintenance assessment following a departure direction where there is a phased maintenance assessment
Part X
Miscellaneous
45.  Regular payments condition
46.  Special case — departure direction having effect from date earlier than effective date of current assessment
Part XI
Transitional Provisions
47.  Transitional provisions — maintenance assessment in force prior to 2nd December 1996
48.  Transitional provisions — new maintenance assessment made before 2nd December 1996 whose effective date is on or after 2nd December 1996
Part XII
Consequential Amendments
49.  Amendment of the Child Support (Information, Evidence and Disclosure) Regulations
50.  Amendment of the Maintenance Assessment Procedure Regulations
51.  Amendment of the Maintenance Assessments and Special Cases Regulations
52.  Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations
53.  Amendment of the Child Support Appeal Tribunals (Procedure) Regulations

  SCHEDULE  Equivalent weekly value of a transfer of property

 

Explanatory Note


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