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" Correction of accidental errors in departure directions
     34A.  - (1) Subject to paragraphs (3) and (4), accidental errors in any departure direction made by the Department or record of such a departure direction may, at any time, be corrected by the Department and a correction made to, or to the record of, that departure direction shall be deemed to be part of that direction or of that record.

    (2) Where the Department has made a correction under the provisions of paragraph (1), it shall immediately notify the persons who were notified of the departure direction that has been corrected, so far as that is reasonably practicable.

    (3) In determining whether the time limit specified in Article 28H(3) of the Order[46] has been complied with, there shall be disregarded any day falling before the day on which notification was given or sent under paragraph (2).

    (4) The power to correct errors under this regulation shall not be taken to limit any other powers to correct errors that are exerciseable apart from these Regulations.".

    (14) In regulation 37 (effect of a departure direction in respect of special expenses - exempt income) - 

(a) in paragraph (1) after "shall be increased by" there shall be inserted "the amount specified in that departure direction being the whole or part of";

(b) in paragraph (4) for the words "repayment of", where they first appear, there shall be substituted "the whole or part of the amount required to repay".

    (15) In regulation 39(1) (effect of a departure direction in respect of a transfer of property) for sub-paragraph (b) there shall be substituted the following sub-paragraph - 

" (b) subject to sub-paragraph (c) and paragraphs (2) and (3), the fresh maintenance assessment made in consequence of the direction shall be the lower of - 


(i) the amount, calculated in accordance with the provisions of paragraphs 1 to 5 and 7 to 10 of Part I of Schedule 1 to the Order, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question, reduced by the amount specified in that departure direction being the whole or part of the equivalent weekly value of the property transferred as determined in accordance with regulation 22, or

(ii) where the provisions of paragraph 6 of Schedule 1 to the Order (protected income) apply, the amount, calculated in accordance with the provisions of Part I of Schedule 1 to the Order, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question;".

    (16) In regulation 40 (effect of a departure direction in respect of additional cases) in paragraphs (2) to (5) after "shall be increased by" there shall be inserted "the amount specified in that departure direction, being the whole or part of".

    (17) In regulation 41 (child support maintenance payable where effect of a departure direction would be to decrease an absent parent's assessable income) - 

(a) for paragraph (3) there shall be substituted the following paragraph - 

    " (3) There shall be determined the amount that would be payable under a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Order which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.";

(b) for paragraph (4) there shall be substituted the following paragraph - 

    " (4) The revised amount for the purposes of regulation 7 (rejection of application on completion of a preliminary consideration) and regulation 31 (refusal to give a departure direction under Article 28F(4) of the Order) shall be the lowest of the following amounts - 


(a) the amount calculated in accordance with paragraph (2);

(b) the amount determined in accordance with paragraph (3);

(c) where the provisions of paragraph 6 of Schedule 1 to the Order (protected income) as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses - protected income) would apply if a departure direction were given, the amount payable under those provisions,



and the Department may apply regulation 7 and shall apply regulation 31 in relation to the current amount and the revised amount as so construed.";

(c) in paragraph (5) "Subject to paragraph (7)," shall be omitted;

(d) paragraph (7) shall be omitted;

(e) in paragraph (8) for "paragraphs (1) to (7)" there shall be substituted "paragraphs (1) to (6)".

    (18) In regulation 42 (application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Order) - 

(a) for paragraph (1) there shall be substituted the following paragraphs - 

    " (1) Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 2 of Schedule 4B to the Order (special expenses) and paragraph 3 of that Schedule (property or capital transfers), regulation 41 shall be applied subject to the modifications set out in paragraphs (1A) to (3).

    (1A) In regulation 41(1), the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Order, and the reference to the absent parent's assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.";

(b) for paragraph (3) there shall be substituted the following paragraph - 

    " (3) For the purposes of this regulation, the revised amount for the purposes of regulations 7 and 31 shall be - 


(a) subject to sub-paragraph (b), the lower of the amounts specified in regulation 41(4)(a) and (b), subject to paragraph (2) of this regulation, less the amount determined in accordance with regulation 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);

(b) where the amount specified in regulation 41(4)(c) is lower than the amount determined in accordance with sub-paragraph (a), that amount.";



(c) in paragraph (4) after "following that direction shall be" there shall be inserted "determined by the child support officer as being".

    (19) After regulation 42 there shall be inserted the following regulation - 

" Application of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Order
     42A.  - (1) Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 5 of Schedule 4B to the Order (additional cases) and paragraph 2 of that Schedule (special expenses), and the conditions set out in regulation 41(1) are satisfied, the amount of child support maintenance payable shall be determined in accordance with paragraphs (2) to (6).

    (2) The application shall in the first instance be treated as an application (an "additional cases application") made solely on the grounds that the case falls within paragraph 5 of Schedule 4B to the Order, and a determination shall be made as to whether a departure direction would be given in response to that application.

    (3) Following the determination mentioned in paragraph (2), the application shall be treated as an application (a "special expenses application") made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Order, and the provisions of regulation 41 shall be applied to the special expenses application, subject to the provisions of paragraphs (4) to (6).

    (4) Where no departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable.

    (5) Where a departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable, subject to the modification set out in paragraph (6).

    (6) In regulation 41 for paragraph (3) there shall be substituted the following paragraph - 


    " (3) There shall be determined the amount that would be payable under the maintenance assessment made in consequence of the direction that would be given in response to the additional cases application mentioned in regulation 42A(2) which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.".



    (7) Where - 



(a) a departure direction has been given in a case where regulation 41 has been applied and an application is then made on the grounds that the case falls within paragraph 5 of Schedule 4B to the Order; or

(b) a departure direction has been given on the grounds that the case falls within paragraph 5 of Schedule 4B to the Order, an application is then made on the grounds that the case falls within paragraph 2 of that Schedule, and the conditions set out in regulation 41(1) are satisfied,



the case shall be treated as a case which falls within paragraph (1), and the date of the later application treated as the date on which both applications were made.

    (8) Where a departure direction is given in accordance with the provisions of paragraph (7), the earlier direction shall cease to have effect from the date the later direction has effect.".

    (20) In regulation 43(2) (maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations) - 

(a) for "lower" there shall be substituted "lowest";

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


" (b) the amount calculated by the formula - 



(A × P) ×

Y Q

where
A and P have the same meanings as in regulation 41(2) and Q is the sum of the amounts calculated in accordance with sub-paragraph (a) for each assessment;
(c) where the provisions of paragraph 6 of Schedule 1 to the Order (protected income) apply, as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses - protected income) or, as the case may be, regulation 40(6), (8) or (10) (effect of departure direction in respect of additional cases), the amount calculated as payable under those provisions.".

    (21) In regulation 44(5) (maintenance assessment following a departure direction where there is a phased maintenance assessment) for "paragraphs (1) to (3)" there shall be substituted "paragraphs (1) and (3)".

    (22) In regulation 46(2) (special case - departure direction having effect from date earlier than effective date of current assessment) at the end of sub-paragraph (b) there shall be added "or, where regulation 11A (meaning of "current assessment" for the purposes of the Order) applies, in respect of the fresh maintenance assessment referred to in that regulation".

    (23) After regulation 46 there shall be inserted the following regulation - 

" Cases to which regulation 11A applies
     46A.  - (1) A case where the conditions set out in regulation 11A(a) to (c) (meaning of "current assessment" for the purposes of the Order) are satisfied shall be treated as a special case for the purposes of the Order.

    (2) Where a case falls within paragraph (1), references to "the current assessment" and "the current amount" in these Regulations shall, subject to paragraph (3), be construed as including reference to the fresh maintenance assessment referred to in regulation 11A.

    (3) Paragraph (2) shall not apply to references to "the current assessment" in regulation 32, with the exception of the reference in paragraph (1)(a) of that regulation, and in regulations 46, 47 and 48.".

    (24) In the Schedule (equivalent weekly value of a transfer of property) - 

(a) in paragraph 2 the Table - 


(i) before the column headed "8.0%" there shall be inserted the following column - 



7.0%
0.02058
0.01064
0.00733
0.00568
0.00469
0.00403
0.00357
0.00322
0.00295
0.00274
0.00256
0.00242
0.00230
0.00220
0.00211
0.00204
0.00197
0.00191";


(ii) between the columns headed "10.0%" and "12.0%" there shall be inserted the following column - 



11.0%
0.02135
0.01123
0.00787
0.00620
0.00520
0.00455
0.00408
0.00374
0.00347
0.00327
0.00310
0.00296
0.00285
0.00275
0.00267
0.00261
0.00255
0.00250";

(b) in paragraph 4 for "maintenance that was" there shall be substituted "periodical payments of maintenance which were";

(c) paragraph 5 shall be omitted.

Further amendment of the Departure Direction Regulations
     10. In regulation 18(4) of the Departure Direction Regulations (costs incurred in supporting certain children) for sub-paragraph (c) there shall be substituted the following sub-paragraph - 

" (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.".

Transitional provisions
     11.  - (1) A maintenance assessment in force on 19th January 1998 shall not be reviewed solely to give effect to regulation 4(2)(a)(iii), (8) or (14)(a)(i) and (ii) but on a review of that assessment under Article 18, 19, 20 or 21 of the Order, those provisions of that regulation shall apply to any fresh maintenance assessment made following that review from the effective date of that assessment, or from the first day of the first maintenance period which begins on or after 19th January 1998, whichever is the later.

    (2) A maintenance assessment in force on 6th April 1998 shall not be reviewed solely to give effect to regulations 4(4) and (5), (10), (12), (13) and (14)(d) and 5, but on a review of that assessment under Article 18, 19, 20 or 21 of the Order, those regulations shall apply to any fresh maintenance assessment made following that review from the effective date of that assessment, or from the first day of the first maintenance period which begins on or after 6th April 1998, whichever is the later.



Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

John O'Neill
Assistant Secretary

16th January 1998.

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