69.—(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).
Commencement Information
I1Reg. 69 comes into force in accordance with reg. 1