Regulation 7 Net income: calculation or estimation of N

(1)

Subject to the following provisions of this regulation, for the purposes of the formula in paragraph 5(1) of Schedule 1 to the Act, the amount of N (net income of absent parent) shall be the aggregate of the following amounts—

(a)

the amount, determined in accordance with Part I of Schedule 1, of any earnings of the absent parent;

(b)

the amount, determined in accordance with Part II of Schedule 1, of any benefit payments under the Contributions and Benefits ActF1, the Jobseekers ActF2, the Welfare Reform Act or Part 1 of the Pensions Act 2014 paid to or in respect of the absent parent;

(c)

the amount, determined in accordance with Part III of Schedule 1, of any other income of the absent parent;

(d)

the amount, determined in accordance with Part IV of Schedule 1, of any income of a relevant child which is treated as the income of the absent parent;

(e)

any amount, determined in accordance with Part V of Schedule 1, which is treated as the income of the absent parent.

(2)

Any amounts referred to in Schedule 2 shall be disregarded.

(3)

Where an absent parent’s income consists—

(a)

only of a F3work-based training for young people or, in Scotland, Skillseekers training allowance; or

(b)

in the case of a student, only of grant, an amount paid in respect of grant contribution or student loan or any combination thereof; or

(c)

only of prisoner’s pay,

then for the purposes of determining N such income shall be disregarded.

(4)

Where a parent and any other person are beneficially entitled to any income but the shares of their respective entitlements are not ascertainable the F4Secretary of State shall estimate their respective entitlements having regard to such information as is available but where sufficient information on which to base an estimate is not available the parent and that other person shall be treated as entitled to that income in equal shares.

(5)

Where any income normally received at regular intervals has not been received it shall, if it is due to be paid and there are reasonable grounds for believing it will be received, be treated as if it had been received.

Annotations

Textual amendments

F1: Words in reg. 7(1)(b) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 58(3)
F2: Words in reg. 7(1)(b) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 14(2)
F3: Words in reg. 7(3)(a) substituted (6.4.1999) by The Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977), regs. 1(1), 6(3) (with reg. 7)
F4: Words in reg. 7(4) substituted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 16

Notes on the whole SI

Textual amendments

F1: Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 2012 (S.I. 2012/2785), reg. 10(b)
F2: regulations revoked (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), reg. 15(1) (with reg. 15(2)-(4))