PART 5VARIATIONS

CHAPTER 3GROUNDS FOR VARIATION: ADDITIONAL INCOME

Non-resident parent on a flat rate or nil rate with gross weekly incomeI169

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 equal to or 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).