Regulation 13 Determination by the Director of liability to make a payment out of income: income evidence sanctionI1

England and Wales

(1)

This regulation applies where—

(a)

an individual fails, without reasonable excuse, to comply with a request for documentary evidence in relation to income under regulation 7(3); and

(b)

the Director has reasonable grounds to believe that the individual’s disposable annual income exceeds £3,398.

(2)

Where no determination has been made by the Director under regulation 12 that the individual is liable to make a payment, the Director must—

(a)

make a determination that the individual is liable to make six payments of—

(i)

£900; or

(ii)

one twelfth of the individual’s disposable annual income if the Director is able to calculate it without the documentary evidence requested,

whichever is the higher;

(b)

issue an income contribution order recording the determination; and

(c)

notify the individual that the individual may also be liable to make a payment out of capital.

(3)

Where a determination has been made by the Director under regulation 12 that the individual is liable to make a payment, the Director must—

(a)

vary the determination in respect of the amount of the payment so that any payment or payments under the income contribution order after the date on which the Director varies the determination are of—

(i)

£900; or

(ii)

one twelfth of the individual’s disposable annual income if the Director is able to calculate it without the documentary evidence requested,

whichever is the higher;

(b)

amend the income contribution order accordingly; and

(c)

notify the individual that the individual remains liable to make any overdue payment or payments under the income contribution order which were required to be made before the date on which the determination was varied.

Annotations

Commencement

I1: Reg. 13 in force at 1.4.2013, see reg. 1