The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015
PART 1GENERAL
1Citation, commencement and revocations
2Interpretation
PART 2DETERMINATIONS IN RESPECT OF AN INDIVIDUAL’S FINANCIAL RESOURCES
CHAPTER 1FINANCIAL ELIGIBILITY LIMITS AND WAIVERS
3Determination in respect of an individual’s financial resources
4Exceptions from requirement to make a determination in respect of an individual’s financial resources
5Individuals in receipt of certain benefits, allowances etc.
6Financial eligibility limits – disposable income and disposable capital
7Waiver of eligibility limits and contributions in multi-party actions of significant wider public interest
8Waiver of eligibility limits and contributions in certain inquests
9Waiver of eligibility limits and contributions in cross-border disputes
10Waiver of eligibility limits in proceedings relating to domestic violence or forced marriage
CHAPTER 2MAKING A DETERMINATION IN RESPECT OF AN INDIVIDUAL’S FINANCIAL RESOURCES
11Provision of information
12Calculations
13Over-capital cases
14Assessment of resources prior to provision of services
15Guidance given by the Department
16Application in representative, fiduciary or official capacity
17Resources of other persons
18Deprivation or conversion of resources
19Duty to report change in financial circumstances
20Amendment of assessment due to error or receipt of new information
21Further assessments
CHAPTER 3CALCULATION OF INCOME AND CAPITAL – ADVICE AND ASSISTANCE AND REPRESENTATION (LOWER COURTS)
22Application of regulations 23 to 32
23Calculation of income and capital
24Disregard of financial resources which are the subject matter of any claim
25Disregards from income – certain welfare and other allowances, payments etc.
26Deductions from income – income tax and national insurance contributions
27Deductions from income – maintenance of partner and dependants
28Deductions from income – maintenance of former partner and dependants outside the household
29Main dwelling, household furniture and effects, personal clothing, and tools and equipment
30Disregard from capital – income support
31Disregard from capital – arrears of payments
32Deductions from capital – maintenance of partner and dependants
CHAPTER 4CALCULATION OF INCOME – REPRESENTATION (HIGHER COURTS)
33Application of regulations 34 to 43
34Calculation of income
35Disregard of financial resources which are the subject matter of the dispute
36Disregard of certain welfare and other allowances, payments etc.
37Income from a trade, business or gainful occupation, other than wage or salary
38Deductions – income tax and national insurance contributions
39Deductions – maintenance of partner and dependants
40Deductions – maintenance of former partner and dependants outside the household
41Deductions – work-related expenses, including childcare payments
42Deductions – housing costs
43General discretion to disregard income
CHAPTER 5CALCULATION OF CAPITAL – REPRESENTATION (HIGHER COURTS)
44Application of regulations 45 to 57
45Calculation of capital
46Disregard of financial resources which are the subject matter of the dispute
47Equitable value of any interest in land
48Household furniture and effects, personal clothing, and tools and equipment
49Disregard of certain welfare and other payments
50Additional disregard where client or person concerned is of pensionable age
51Disregard of interim court payments etc.
52Value of money due to the person concerned
53Value of a capital resource other than money
54Resources owned jointly or in common with other persons
55Value of a business or other property interest
56Value of any life insurance or endowment policy
57General discretion to disregard capital
PART 3CONTRIBUTIONS
58Application of regulations 59 and 60
59Determination of contributions – advice and assistance and representation (lower courts)
60Collection of contributions and repayment of excess contributions
61Application of regulations 62 and 63
62Determination of contributions – representation (higher courts)
63Collection of contributions and repayment of excess contributions
SCHEDULEInstruments Revoked

2015 No. 196

Access To Justice

The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

Made

Coming into operation

The Department of Justice makes the following Regulations in exercise of the powers conferred by Articles 13 and 17(1), (2)(b), (3), (5) and (6) of the Access to Justice (Northern Ireland) Order 20031 and now vested in it2.