Duty to notify increase in current income9A

1

In a case falling within paragraphs (2) or (3), the Secretary of State may notify the non-resident parent that that parent is required to notify the Secretary of State of any relevant change of circumstances in relation to that income.

2

A case falls within this paragraph if, in relation to a maintenance calculation in force—

a

gross weekly income is determined by reference to the non-resident parent's current income as an employee or officeholder (in accordance with regulation 38 of the Maintenance Calculation Regulations); and

b

paragraph 5(b) of Schedule 1 to the 1991 Act (nil rate) does not apply.

3

A case falls within this paragraph if, in relation to a maintenance calculation in force—

a

gross weekly income is determined by reference to the non-resident parent's current income (in accordance with regulation 37 of the Maintenance Calculation Regulations); and

b

paragraph 5(b) of Schedule 1 to the 1991 Act applies (nil rate).

4

A notification by the Secretary of State under paragraph (1) must be in writing.

5

Where a relevant change of circumstances occurs after the non-resident parent has been notified of a requirement under paragraph (1), the non-resident parent must notify the Secretary of State of that change—

a

within fourteen days beginning with the day on which the change occurs; or

b

within such other period as the Secretary of State has specified in the notification.

6

For the purposes of a case falling within paragraph (2), a relevant change of circumstances occurs where—

a

the non-resident parent—

i

commences a new employment or office; or

ii

in relation to an existing employment or office, commences a new rate of remuneration or a new working pattern,

and could reasonably be expected to know that would result in an increased liability under the maintenance calculation in force if reported to the Secretary of State; or

b

the non-resident parent receives from their employment or office the following number of consecutive payments, each of which (if it were taken as a weekly average) exceeds the gross weekly income taken into account in the maintenance calculation in force by 25% or more—

i

five payments, in the case of a non-resident parent paid weekly;

ii

three payments, in the case of a non-resident parent paid fortnightly;

iii

two payments, in the case of a non-resident parent paid four weekly or monthly.

7

The payments referred to in paragraph (6)(b) are the gross remuneration from the employment or office in question less any pension contributions deducted under net pay arrangements.

8

In paragraph (7)—

“net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 2004 M3.

9

For the purposes of a case falling within paragraph (3), a relevant change of circumstances occurs where the non-resident parent's income increases to a gross weekly income of £5 or more.

10

For the purposes of paragraph (9), gross weekly income is to be calculated in accordance with regulation 45(2) of the Maintenance Calculation Regulations.