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5. In Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M – earnings), after paragraph 5A, insert—
5B.—(1) Where the Commission is calculating earnings of an employed earner or a self-employed earner under Part 1 of Schedule 1 and the information available in relation to those earnings is insufficient or unreliable, the Commission may estimate those earnings and, in doing so, may make any assumptions as to any fact.
(2) Where the Commission is satisfied that the person is engaged in a particular occupation, whether as an employee or a self-employed person, the assumptions referred to in sub-paragraph (1) may include an assumption that the person has the average weekly earnings of a person engaged in that occupation in the United Kingdom or in any part of the United Kingdom.”.
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