Regulation 42 Estimate of current income where insufficient information availableI1

England, Wales and Scotland

(1)

Where—

C1(a)

current income applies by virtue of F1regulation 34(2)(a) where the amount of historic income is nil or by virtue of regulation 34(2)(b) F2or (c) (historic income F3... not available); and

(b)

the information available in relation to current income is insufficient or unreliable,

the Secretary of State may estimate that income and, in doing so, may make any assumption as to any fact.

(2)

Where the Secretary of State is satisfied that the non-resident parent is engaged in a particular occupation, whether as an employee, office-holder or self-employed person, the assumptions referred to in paragraph (1) may include an assumption that the non-resident parent has the average weekly income of a person engaged in that occupation in the UK or in any part of the UK.

Annotations

Textual amendments

F1: Words in Pt. 4 reg. 42(1)(a) inserted (25.11.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), reg. 1(4)(5), 8(3)(a)
F2: Words in Pt. 4 reg. 42(1)(a) inserted (25.11.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), reg. 1(4)(5), 8(3)(b)
F3: Words in Pt. 4 reg. 42(1)(a) omitted (25.11.2013) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), reg. 1(4)(5), 8(3)(c)

Modifications

C1: Reg. 42(1)(a) modified (temp.) (29.7.2013) by The Child Maintenance and Other Payments Act 2008 (Commencement No. 11 and Transitional Provisions) Order 2013 (S.I. 2013/1860), art. 7(b)

Commencement

I1: Reg. 42 wholly in force; reg. 42 not in force at made date; reg. 42 in force at 29.7.2013 for certain purposes and reg. 42 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947