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The Child Support Maintenance Calculation Regulations 2012

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This is the original version (as it was originally made).

Historic income – the HMRC figure

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36.—(1) The HMRC figure is the amount identified by HMRC from information provided in a self-assessment return or under the PAYE regulations, as the sum of the income on which the non-resident parent was charged to tax for the latest available tax year—

(a)under Part 2 of ITEPA (employment income);

(b)under Part 9 of ITEPA (pension income);

(c)under Part 10 of ITEPA (social security income) but only in so far as that income comprises the following taxable UK benefits listed in Table A in Chapter 3 of that Part—

(i)incapacity benefit;

(ii)contributory employment and support allowance;

(iii)jobseeker’s allowance; and

(iv)income support; and

(d)under Part 2 of ITTOIA (trading income).

(2) The amount identified as income for the purposes of paragraph (1)(a) is to be taken—

(a)after any deduction for relievable pension contributions made by the non-resident parent’s employer in accordance with net pay arrangements; and

(b)before any deductions under Part 5 of ITEPA (deductions allowed from earnings).

(3) The amount identified as income for the purposes of paragraph (1)(b) is not to include a UK social security pension.

(4) The amount identified as income for the purposes of paragraph (1)(d) is to be taken after deduction of any relief under section 83 of the Income Tax Act 2007(1) (carry forward trade loss relief against trade profits).

(5) Where, for the latest available tax year, HMRC has both information provided in a self-assessment return and information provided under the PAYE Regulations, the amount identified for the purposes of paragraph (1) is to be taken from the former.

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