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The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

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Diversion of income

24.  A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Order where—

(a)the non-applicant has the ability to control the amount of income he receives, including earnings from employment or self-employment and dividends from shares, whether or not the whole of that income is derived from the company or business from which his earnings are derived; and

(b)the Department is satisfied that the non-applicant has unreasonably reduced the amount of his income which would otherwise fall to be taken into account under regulation 7 or 8 of the Maintenance Assessments and Special Cases Regulations by diverting it to other persons or for purposes other than the provision of such income for himself.

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