PART 5VARIATIONS
CHAPTER 4EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
Effect on the maintenance calculation – special expenses72
1
Subject to paragraph (2) and regulation 74 (effect on maintenance calculation – general), where the variation agreed to is one falling within Chapter 2 (variation grounds: special expenses), effect is to be given to the variation in the maintenance calculation by deducting from the gross weekly income of the non-resident parent the weekly amount of the expenses referred to in Chapter 2.
2
Where the income which is taken into account in the maintenance calculation is the capped amount, then—
a
the weekly amount of the expenses is first to be deducted from the actual gross weekly income of the non-resident parent;
b
the amount by which the capped amount exceeds the figure calculated under sub-paragraph (a) is to be calculated; and
c
effect is to be given to the variation in the maintenance calculation by deducting from the capped amount the amount calculated under sub-paragraph (b).