{
  "url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001/schedule/paragraph-6",
  "json_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001/schedule/paragraph-6.json",
  "legislation": "nisr/2001/18",
  "legislation_title": "The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001",
  "legislation_url": "https://openlegislation.uk/child-support-maintenance-calculations-and-special-cases-regulations-northern-ireland-2001",
  "path": "schedule/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Calculation or estimate",
  "text": "(1) Subject to sub-paragraphs (3) and (4), the amount of earnings to be taken into account for the purpose of calculating net income shall be calculated or estimated by reference to the average earnings at the relevant week having regard to such evidence as is available in relation to that person’s earnings during such period as appears appropriate to the Department, beginning not earlier than 8 weeks before the relevant week and ending not later than the date of the calculation, and for the purposes of the calculation or estimate the Department may consider evidence of that person’s cumulative earnings during the period beginning with the start of the year of assessment (within the meaning of section 832 of the Income and Corporation Taxes Act 1988) in which the relevant week falls and ending with a date no later than the date when the calculation is made.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Where a person’s earnings during the period of 52 weeks ending with the relevant week include a bonus or commission ... which is paid separately from, or in relation to a longer period than, the other earnings with which it is paid, the amount of that bonus or commission shall be determined for the purposes of the calculation of earnings by aggregating any such payments received in that period and dividing by 52.\n(4) Where a calculation would, but for this sub-paragraph, produce an amount which, in the opinion of the Department, does not accurately reflect the normal amount of the earnings of the person 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 that person to be determined more accurately, and for this purpose the Department shall have regard to—\n(a) the earnings received, or due to be received from any employment in which the person in question is engaged, has been engaged or is due to be engaged;\n(b) the duration and pattern, or the expected duration and pattern, of any employment of that person.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regulations revoked (coming into operation in accordance with reg. 1(1)(c) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. para. 6(1) substituted (6.4.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(d), 9(4)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. para. 6(2) omitted (6.4.2003) by virtue of The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(d), 9(4)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. para. 6(3) omitted (27.10.2008) by virtue of The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 6"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. para. 6 comes into operation in accordance with reg. 1(1)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2001/18/schedule/paragraph/6",
    "retrieved_at": "2026-10-29T02:13:18.893633+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}