Paragraph 9 Rules for calculation under paragraph 8I1

England, Wales and Scotland

(1)

This paragraph applies only where the net income of a self-employed earner is calculated or estimated under paragraph 8 of this Schedule.

(2)

Where—

(a)

a non-resident parent has been a self-employed earner for 52 weeks or more, including the relevant week, the amount of his net weekly income shall be determined by reference to the average of the earnings which he has received in the 52 weeks ending with the relevant week; or

(b)

a non-resident parent has been a self-employed earner for a period of less than 52 weeks including the relevant week, the amount of his net weekly income shall be determined by reference to the average of the earnings which he has received during that period.

(3)

Where a calculation would, but for this sub-paragraph, produce an amount which, in the opinion of the Secretary of State, does not accurately reflect the normal weekly income of the non-resident parent in question, such earnings, or any part of them, shall be calculated by reference to such other period as may, in the particular case, enable the normal weekly earnings of the non-resident parent to be determined more accurately and for this purpose the Secretary of State shall have regard to—

(a)

the earnings from self-employment received, or due to be received, by him; and

(b)

the duration and pattern, or the expected duration and pattern, of any self-employment of that non-resident parent.

F1(4)

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Annotations

Textual amendments

F1: Sch. para. 9(4) omitted (6.4.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(d), 8(4)(b)

Commencement

I1: Sch. para. 9 in force at 18.1.2001 in accordance with, see reg. 1(4)

Notes on the whole SI

Textual amendments

F1: Regulations revoked for certain cases only (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 10(e)