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24. A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act 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 Secretary of State is satisfied that the non-applicant has reduced the amount of income he would otherwise receive by diverting it to other persons or for purposes other than the provision of income for himself.
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