OpenLegislation

Paragraph 9 Rules for calculation under paragraph 8F1I1

Northern Ireland

(1)

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

(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 Department, 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 Department 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.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

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)

F2

Sch. para. 9(4) 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)

Commencement

I1

Sch. para. 9 comes into operation in accordance with reg. 1(1)(a)