Departure officers' guide
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書誌事項
Departure officers' guide
HMSO, c1996
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内容説明・目次
内容説明
The 1991 Act provides that liability for child support maintenance should be based upon the universal application of a formula-based assessment. The objective was to ensure a consistency of approach not achieved under the previous discretionary system administered by the courts. This method of assessing child support liability remains appropriate in the vast majority of cases but it is recognized that the inflexibility of the formulaic approach leads to difficulties. There is a small minority of cases where there are special circumstances that the formula cannot take into account and so the 1995 Act provides the power to "depart" from the formula assessment. The Departures system allows this flexibility and this manual provides departure officers with advice on how to exercise the Secretary of State's discretion.
目次
- Introduction - the exercise of discretion
- time and manager of applications
- preliminary consideration
- regular payments condition
- special expenses
- property and capital settlements
- additional cases
- just and equitable
- effective dates, effect, implementation and duration of departure directions
- higher income adjustment
- multiple applications
- the Independent Tribunal Service
- departure directions and reviews under sections 16-19 of the Child Support Act
- transitional arrangements
- departure directions and transitional phasing.
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