PART II CALCULATION OR ESTIMATION OF CHILD SUPPORT MAINTENANCE

Disposable income

12.—[F1(1) For the purposes of paragraph 6(4) of Schedule 1 to the Act (protected income), the disposable income of an absent parent shall be—

(a)except in a case to which regulation 11(6) [F2or (6A)] applies, the aggregate of his income and any income of any member of his family calculated in like manner as under regulation 11(2); F3...

(b)[F4subject to sub-paragraph (c),] in a case to which regulation 11(6) [F2or (6A)] applies, his net income as calculated in accordance with regulation 7[F5; and]]

[F6(c)in a case to which regulation 11(6) applies and the absent parent is paying maintenance under an order of a kind mentioned in regulation 11(2)(a)(ii) or (v), his net income as calculated in accordance with regulation 7 less the amount of maintenance he is paying under that order.]

(2) Subject to paragraph (3), where a maintenance assessment has been made with respect to the absent parent and payment of the amount of that assessment would reduce his disposable income below his protected income level the amount of the assessment shall be reduced by the minimum amount necessary to prevent his disposable income being reduced below his protected income level.

(3) Where the prescribed minimum amount fixed by regulations under paragraph 7 of Schedule 1 to the Act is applicable (such amount being specified in regulation 13) the amount payable under the assessment shall not be reduced to less than the prescribed minimum amount.

Textual Amendments