SCHEDULE 2DETERMINATION OF OFFENDER'S NET WEEKLY INCOME AND APPROPRIATE EXPENDITURE LEVEL
1
In these Rules the “net weekly income” of an offender means that offender’s weekly income (including income from overtime, commissions and bonuses) less—
a
any tax payable on that income;
b
any contributions payable by him under the Social Security Acts 1975—1988; and
c
the amount of any contribution paid by him, whether under a legal obligation or not, to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975 or to a personal pension scheme within the meaning of the Social Security Act 1986.
2
The magistrates for each petty sessions area shall, from time to time and at least once a year, taking into account local conditions, determine amounts that appear to them to represent the reasonable weekly expenditure of households in their petty sessions area, on the items specified in column 2 below, in respect of the members of such households specified in column 1 below, in this Schedule referred to as “deemed expenditure levels ”.
Column 1 | Column 2 |
|---|---|
Member of household | Items of expenditure |
OFFENDER | Food |
Heating | |
Housing costs | |
Community charge | |
Water rates | |
Clothing | |
Travel to work | |
SPOUSE/COHABITEE | Food |
Community charge | |
Clothing | |
ADULT DEPENDANTS/CHILDREN | Food |
Clothing |
3
1
Subject to paragraph (2) below, in these Rules “the appropriate expenditure level ” for an offender shall be an amount that is the sum of the deemed expenditure levels for his household.
2
The amount determined by the court under paragraph (1) above shall be—
a
reduced to take account of expenditure on the other members of the offender’s household which is met out of those members' incomes, and of exceptionally low expenditure on housing; and
b
increased to take account of the offender’s maintenance payments and, where the court thinks fit, of the offender’s exceptional expenditure.