Hello all,
I'm not particularly au fait with child support legislation but uncovered the reg relating to nil rate calculation where the absent parent is considered to have an income of less than £5.00 weekly. However, I wonder if there is any further legislation in support of that determination. For example, can the Pwc contest it on the basis that the AP is denying himself income for the purpose of securing the nil determination? Something akin to the IS/JSA deprivation rule would appear to be a necessary consideration in the interests of equity but I cannot see anything similar in the CS regs.
Any help/pointers gratefully received ....

Hi there, hope this isn't too late to be of use. What you are looking for is the variation provisions. A PWC can request a variation on several grounds, the ones which are relevant here being that the NRP has income which is not taken into account or has been 'diverted', and/or has a lifestyle inconsistent with declared income for child support.

The regs are the Child Support (Variations) Regulations (consolidated version available via the DWP website). Following a variation request, the CSA may decide to reassess the NRP's income, and then a higher rate of child support liability might apply.

Hope this helps.

Thanks Rachel,
Glad to say that this concurs with the advice I ultimately gave.