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

Life-style inconsistent with declared income

25.—(1) Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Order where the Department is satisfied that the current maintenance assessment is based upon a level of income of the non-applicant which is substantially lower than the level of income required to support the overall life-style of that non-applicant.

(2) Paragraph (1) shall not apply where—

(a) income support or income-based jobseeker’s allowance is paid to or in respect of the non-applicant;

(b) the Department is satisfied that the life-style of the non-applicant is paid for—

(i) out of capital belonging to him, or

(ii) by his partner unless the non-applicant is able to influence or control the amount of income received by that partner.

(3) Where the Department is satisfied in a particular case that the provisions of paragraph (1) would apply but for the provisions of paragraph (2)(b)(ii), it may, whether or not any application on that ground has been made, consider whether the case falls within regulation 27.