Regulation 33 The general rule for determining gross weekly incomeI1
Northern Ireland
The gross weekly income of a non-resident parent for the purposes of a calculation decision is a weekly amount determined at the effective date of the decision on the basis of either historic income or current income in accordance with this Chapter.
The non-resident parent’s gross weekly income is to be based on historic income unless—
current income differs from historic income by an amount that is at least 25 per cent. of historic income; or
the Department is unable, for whatever reason, to request or obtain the information from HMRC.
For the purposes of paragraph (2)(a), current income is treated as differing from historic income by an amount that is at least 25 per cent. of historic income where
the amount of historic income is nil; and
the amount of current income is greater than nil.
For the purposes of paragraph (2)(b) no historic income is available if HMRC did not, when a request was last made by the Department for the purposes of regulation 34, have the required information in relation to a relevant tax year.
“Relevant tax year” has the meaning given in regulation 4(2).
This regulation is subject to regulation 23(4).
Annotations
Textual amendments
- F1
Words in reg. 33(2)(b) omitted (coming into force in accordance with reg. 1(4) of the amending Rule) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(4), 8(2)(a)(i); S.R. 2013/276, art. 2(a)
- F2
Reg. 33(2)(c) and word added (coming into force in accordance with reg. 1(4) of the amending Rule) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(4), 8(2)(a)(ii); S.R. 2013/276, art. 2(a)
- F3
Reg. 33(2A) inserted (coming into force in accordance with reg. 1(4) of the amending Rule) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(4), 8(2)(b); S.R. 2013/276, art. 2(a)
Modifications
- C1
Reg. 33(2) modified (temp.) (29.7.2013) by The Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order (Northern Ireland) 2013 (S.R. 2013/201), art. 6(a)
Commencement
- I1
Reg. 33 comes into force in accordance with reg. 1