OpenLegislation

Regulation 69 Non-resident parent on a flat rate or nil rate with gross weekly incomeI1

Northern Ireland

(1)

A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B where—

(a)

the non-resident parent’s liability to pay child support maintenance under a maintenance calculation which is in force or has been applied for is or would be—

(i)

the nil rate by virtue of the non-resident parent being one of the persons referred to in paragraph (3), or

(ii)

the flat rate by virtue of the non-resident parent receiving a benefit, pension or allowance mentioned in regulation 43(1);

(b)

the Department is satisfied that the non-resident parent has an amount of income that would be taken into account in the maintenance calculation as gross weekly income if sub-paragraph (a) did not apply; and

(c)

that income is F1...more than £100 per week.

(2)

Where a variation is agreed to under this regulation, the non-resident parent is treated as having additional income of the amount referred to in paragraph (1)(b).

(3)

The persons referred to are—

(a)

a child;

(b)

a prisoner;

(c)

a person receiving an allowance in respect of work-based training for young people;

(d)

a person referred to in regulation 44(1)(e).

Annotations

Textual amendments

F1

Words in reg. 69(1)(c) omitted (25.11.2013) by virtue of The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations (Northern Ireland) 2013 (S.R. 2013/190), regs. 1(2), 6(4)

Commencement

I1

Reg. 69 comes into force in accordance with reg. 1