Regulation 25 Life-style inconsistent with declared incomeF1
England, Wales and Scotland
Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where the Secretary of State is satisfied that the current F2... assessment is based upon a level of income of the non-applicant which is substantially lower than the level of income required to support the overall life-style of that non-applicant.
Paragraph (1) shall not apply where the Secretary of State is satisfied that the life-style of the non-applicant is paid for—
out of capital belonging to him; or
by his partner, unless the non-applicant is able to influence or control the amount of income received by that partner.
Where the Secretary of State is satisfied in a particular case that the provisions of paragraph (1) would apply but for the provisions of paragraph F4(2)(b), he may, whether or not any application on that ground has been made, consider whether the case falls within regulation 27.
Annotations
Textual amendments
- F1
Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)
- F2
Word in reg. 25(1) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 17(2) (with reg. 59)
- F3
Reg. 25(2) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 17(3) (with reg. 59)
- F4
Word in reg. 25(3) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 17(4) (with reg. 59)