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The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
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Changes over time for: Section 41
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 41:
- Sch. inserted by S.R. 2022/178 art. 5(7)
- reg. 2A added by S.R. 2022/178 art. 5(3)
- reg. 7(3) added by S.R. 2022/178 art. 5(4)
- reg. 12(2)(a) word omitted by S.R. 2022/178 art. 5(6)(a)
- reg. 12(2)(a) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(b) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(c) and word inserted by S.R. 2022/178 art. 5(6)(b)
- reg. 14A inserted by S.R. 2016/208 reg. 5(2)
- reg. 43(1)(i) word inserted by S.I. 2023/1218 art. 47(b)
- reg. 43(1)(j) inserted by S.I. 2023/1218 art. 47(c)
- reg. 43(2)(e) inserted by S.R. 2016/236 reg. 41(3)(a)(iii) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 43(5) inserted by S.R. 2016/236 reg. 41(3)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 44(1)(c)(iii)(iv) inserted by S.R. 2016/236 reg. 41(4)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 63(2)(a)(v) and word inserted by S.I. 2022/177 art. 27(2)(c)
- reg. 63(2)(a)(v) words substituted by S.I. 2022/530 art. 12(2)
- reg. 63(2)(g) inserted by S.I. 2022/177 art. 27(2)(d)
- reg. 63(2)(ab) inserted by S.I. 2021/786 art. 19(2)(c)
- reg. 68A inserted by S.R. 2018/210 reg. 2(2)
- reg. 68A inserted by S.R. 2019/116 reg. 2(2)
- reg. 68A inserted by S.R. 2019/221 reg. 2(2)
- reg. 75(1) reg. 75 renumbered as reg. 75(1) by S.R. 2021/188 reg. 2(2)(a)
- reg. 75(1) words substituted by S.R. 2021/188 reg. 2(2)(b)
- reg. 75(2)-(4) inserted by S.R. 2021/188 reg. 2(2)(c)
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- Sch. inserted by S.R. 2022/178 art. 5(7)
- reg. 2A added by S.R. 2022/178 art. 5(3)
- reg. 7(3) added by S.R. 2022/178 art. 5(4)
- reg. 12(2)(a) word omitted by S.R. 2022/178 art. 5(6)(a)
- reg. 12(2)(a) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(b) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(c) and word inserted by S.R. 2022/178 art. 5(6)(b)
- reg. 14A inserted by S.R. 2016/208 reg. 5(2)
- reg. 43(1)(i) word inserted by S.I. 2023/1218 art. 47(b)
- reg. 43(1)(j) inserted by S.I. 2023/1218 art. 47(c)
- reg. 43(2)(e) inserted by S.R. 2016/236 reg. 41(3)(a)(iii) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 43(5) inserted by S.R. 2016/236 reg. 41(3)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 44(1)(c)(iii)(iv) inserted by S.R. 2016/236 reg. 41(4)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 63(2)(a)(v) and word inserted by S.I. 2022/177 art. 27(2)(c)
- reg. 63(2)(a)(v) words substituted by S.I. 2022/530 art. 12(2)
- reg. 63(2)(g) inserted by S.I. 2022/177 art. 27(2)(d)
- reg. 63(2)(ab) inserted by S.I. 2021/786 art. 19(2)(c)
- reg. 68A inserted by S.R. 2018/210 reg. 2(2)
- reg. 68A inserted by S.R. 2019/116 reg. 2(2)
- reg. 68A inserted by S.R. 2019/221 reg. 2(2)
- reg. 75(1) reg. 75 renumbered as reg. 75(1) by S.R. 2021/188 reg. 2(2)(a)
- reg. 75(1) words substituted by S.R. 2021/188 reg. 2(2)(b)
- reg. 75(2)-(4) inserted by S.R. 2021/188 reg. 2(2)(c)
Estimate of current income where insufficient information availableN.I.
This section has no associated Explanatory Memorandum
41.—(1) Where—
(a)current income applies by virtue of [F1regulation 33(2)(a) where the amount of historic income is nil or by virtue of] regulation 33(2)(b) [F2or (c)] ; and
(b)the information available in relation to current income is insufficient or unreliable,
the Department may estimate that income and, in doing so, may make any assumption as to any fact.
(2) Where the Department is satisfied that the non-resident parent is engaged in a particular occupation, whether as an employee, office-holder or a self-employed person, the assumptions referred to in paragraph (1) may include an assumption that the non-resident parent has the average weekly income of a person engaged in that occupation in the UK or in any part of the UK.
Textual Amendments
F1Words in reg. 41(1)(a) inserted (coming into force in accordance with reg. 1(4) of the amending Rule) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(4), 8(3)(a); S.R. 2013/276, art. 2(a)
F2Words in reg. 41(1)(a) inserted (coming into force in accordance with reg. 1(4) of the amending Rule) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(4), 8(3)(b); S.R. 2013/276, art. 2(a)
Modifications etc. (not altering text)
C1Reg. 41(1)(a) modified (temp.) (29.7.2013) by The Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order (Northern Ireland) 2013 (S.R. 2013/201), art. 6(b)
Commencement Information
I1Reg. 41 comes into force in accordance with reg. 1
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