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Child Support Act 1995

Consolidated Text As Enacted Cited authorities 53 Cited in Amendments 157 Related
Vincent
JurisdictionUK Non-devolved
Citation1995 c. 34
Year1995
(1) In the 1991 Act, insert after section 28—
    Departure from usual rules for determining maintenance assessments
    (28A) Application for a departure direction.
  • “(1) Where a maintenance assessment (“the current assessment”) is in force—
  • (a) the person with care, or absent parent, with respect to whom it was made, or
  • (b) where the application for the current assessment was made under section 7, either of those persons or the child concerned,
    • may apply to the Secretary of State for a direction under section 28F (a “departure direction”) .
the person with care, or absent parent, with respect to whom it was made, orwhere the application for the current assessment was made under section 7, either of those persons or the child concerned,the effect of the current assessment; ora material change in the circumstances of the case since the current assessment was made.In other respects, an application for a departure direction shall be made in such manner as may be prescribed.an application for a review has been made under section 17 or 18 with respect to the current assessment; ora child support officer is conducting a review of the current assessment under section 16 or 19.If the Secretary of State considers it appropriate to do so, he may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.Schedule 4A has effect in relation to departure directions.(2) Schedule 1 inserts in the 1991 Act a new Schedule 4A which makes supplemental provision with respect to procedural and other matters.
  • In the 1991 Act, insert after section 28A—
      (28B) Preliminary consideration of applications.
    • “(1) Where an application for a departure direction has been duly made to the Secretary of State, he may give the application a preliminary consideration.
    • (2) Where the Secretary of State does so he may, on completing the preliminary consideration, reject the application if it appears to him—
    • (a) that there are no grounds on which a departure direction could be given in response to the application; or
    • (b) that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Secretary of State for the purposes of this subsection and section 28F(4) .
    • Where an application for a departure direction has been duly made to the Secretary of State, he may give the application a preliminary consideration.that there are no grounds on which a departure direction could be given in response to the application; orthat the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Secretary of State for the purposes of this subsection and section 28F(4) .In subsection (2) —
    • “the current amount” means the amount of the child support maintenance fixed by the current assessment; and
    • “the revised amount” means the amount of child support maintenance which, but for subsection (2) (b) , would be fixed if a fresh maintenance assessment were to be made as a result of a departure direction allowing the departure applied for.
    Before completing any preliminary consideration, the Secretary of State may refer the current assessment to a child support officer for it to be reviewed as if an application for a review had been made under section 17 or 18.A review initiated by a reference under subsection (4) shall be conducted as if subsection (4) of section 17, or (as the case may be) subsection (8) of section 18, were omitted.shall notify the applicant and such other persons as may be prescribed that the fresh maintenance assessment has been made; andmay direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Secretary of State that he wishes it to stand.
  • In the 1991 Act, insert after section 28B—
      (28C) Imposition of a regular payments condition.
    • “(1) Where an application for a departure direction is made by an absent parent, the Secretary of State may impose on him one of the conditions mentioned in subsection (2) (“a regular payments condition”) .
    • (2) The conditions are that—
    • (a) the applicant must make the payments of child support maintenance fixed by the current assessment;
    • (b) the applicant must make such reduced payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
    • Where an application for a departure direction is made by an absent parent, the Secretary of State may impose on him one of the conditions mentioned in subsection (2) (“a regular payments condition”) .the applicant must make the payments of child support maintenance fixed by the current assessment;the applicant must make such reduced payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.Where the Secretary of State imposes a regular payments condition, he shall give written notice to the absent parent and person with care concerned of the imposition of the condition and of the effect of failure to comply with it.A regular payments condition shall cease to have effect on the failure or determination of the application.it lapses or is withdrawn; or

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