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The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
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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 68:
- (2)-(4) inserted by S.R. 2021/188 reg. 2(2)(c)
- Regulations modified (temp.) by S.R. 2013/201 art. 6
- reg. 68(5)(a) word omitted by S.R. 2013/190 reg. 6(3)(a)
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):
- Ch. 5A added by S.R. 2015/116 reg. 8(3)
- 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. 11(3)-(9) added by S.R. 2014/193 reg. 4(2)(c)
- reg. 12(1) renumbered from reg. 12 by S.R. 2014/193 reg. 4(3)(a)
- reg. 12(1) words substituted by S.R. 2014/193 reg. 4(3)(b)
- reg. 12(2) added by S.R. 2014/193 reg. 4(3)(c)
- reg. 12(2)(a) word omitted by S.R. 2022/178 art. 5(6)(a)
- reg. 12(2)(b) words inserted by S.R. 2022/178 art. 5(6)(b)
- reg. 12(2)(b)(a) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(b)(b) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 14(3A) inserted by S.R. 2014/193 reg. 4(4)
- reg. 14A inserted by S.R. 2016/208 reg. 5(2)
- reg. 33(2)(c) and word added by S.R. 2013/182 reg. 8(2)(a)(ii)
- reg. 33(2A) inserted by S.R. 2013/182 reg. 8(2)(b)
- reg. 43(1)(i) and preceding word inserted by S.R. 2015/411 art. 27(b)
- 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. 49(4) added by S.R. 2013/182 reg. 8(4)
- reg. 53(1) reg. 53 renumbered as reg. 53(1) by S.R. 2013/182 reg. 8(5)
- reg. 53(2) added by S.R. 2013/182 reg. 8(5)
- 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)(a)(iv) and preceding word inserted by S.R. 2016/228 reg. 39(c)
- reg. 63(2)(f) added by S.R. 2016/228 reg. 39(d)
- reg. 63(2)(g) inserted by S.I. 2022/177 art. 27(2)(d)
- reg. 63(2)(aa) inserted by S.I. 2013/3021 art. 31(2)(b)
- reg. 63(2)(ab) inserted by S.I. 2021/786 art. 19(2)(c)
- reg. 68(5)(c) and preceding word inserted by S.R. 2013/190 reg. 6(3)(a)
- reg. 68(8)-(9) added by S.R. 2013/190 reg. 6(3)(b)
- 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. 73(1A) inserted by S.R. 2013/190 reg. 6(5)
- reg. 75 (1) words substituted by S.R. 2021/188 reg. 2(2)(b)
- reg. 76(a) words in reg. 76 renumbered as reg. 76(a) by S.R. 2013/182 reg. 8(7)
- reg. 76(b) and word added by S.R. 2013/182 reg. 8(7)
Non-resident parent with unearned incomeN.I.
This section has no associated Explanatory Memorandum
68.—(1) A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B where the non-resident parent has unearned income equal to or exceeding £2,500 per annum.
(2) For the purposes of this regulation unearned income is income of a kind that is chargeable to tax under Parts 3, 4 and 5 of the Trading and Other Income Act.
(3) Subject to paragraphs (5) and (6), the amount of the non-resident parent’s unearned income is to be determined by reference to information provided by HMRC at the request of the Department in relation to the latest available tax year and, where that information does not identify any income of a kind referred to in paragraph (2), the amount of the non-resident parent’s unearned income is to be treated as nil.
(4) For the purposes of paragraph (2), the information in relation to property income is to be taken after deduction of relief under section 118 of the Income Tax Act 2007(1).
(5) Where—
(a)the latest available tax year is not the most recent tax year; or
(b)the information provided by HMRC in relation to the latest available tax year does not include any information from a self-assessment return,
the Department may, if satisfied that there is sufficient evidence to do so, determine the amount of the non-resident parent’s unearned income by reference to the most recent tax year; and any such determination must, as far as possible, be based on the information that would be required to be provided in a self assessment return.
(6) Where the Department is satisfied that, by reason of the non-resident parent no longer having any property or assets from which unearned income was derived in a past tax year and having no current source from which unearned income may be derived, the non-resident parent will have no unearned income for the current tax year, the amount of the non-resident parent’s unearned income for the purposes of this regulation is to be treated as nil.
(7) Where a variation is agreed to under this regulation, the non-resident parent is to be treated as having additional weekly income of the amount determined in accordance with paragraph (3) or (5) divided by 365 and multiplied by 7.
Commencement Information
I1Reg. 68 comes into force in accordance with reg. 1
(1)
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