Paragraph 2 Evidence to be produced in connection with the allowance for transfers of propertyF1
Where the absent parent produces to the Secretary of State—
contemporaneous evidence in writing of the making of a court order or of the execution of a written maintenance agreement, which requires the relevant person to make a qualifying transfer of property;
evidence in writing and whether contemporaneous or not as to—
the fact of the transfer;
the value of the property transferred at the relevant date;
the amount of any mortgage or charge outstanding at the relevant date,
an amount in respect of the relevant value of the transfer determined in accordance with the following provisions of this Schedule shall be allowed in calculating or estimating the exempt income of the absent parent.
Whether the evidence specified in sub-paragraph (1) is not produced within a reasonable time after the Secretary of State has been notified of the wish of the absent parent that F2the Secretary of State consider the question, F3he shall determine the question on the basis that the relevant value of the transfer is nil.
Annotations
Textual amendments
- F1
Sch. 3A inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 57
- F2
Words in Sch. 3A para. 2(2) 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), 21(a)(i)
- F3
Word in Sch. 3A para. 2(2) 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), 21(a)(ii)
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))