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The Community Legal Service (Financial) Regulations 2000

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Resources of other persons

11.—(1) Subject to paragraph (2), in calculating the disposable income and disposable capital of the client, the resources of his partner shall be treated as his resources.

(2) The resources of the client’s partner shall not be treated as his resources if he has a contrary interest in the dispute in respect of which the application is made.

(3) Except where eligibility is being assessed under regulation 5(6), where the client is a child the resources of a parent, guardian or any other person who is responsible for maintaining him, or who usually contributes substantially to his maintenance, shall be treated as his resources, unless, having regard to all the circumstances, including the age and resources of the child and any conflict of interest, it appears inequitable to do so.

(4) Where it appears to the assessing authority that:

(a)another person is or has been substantially maintaining the person concerned, or

(b)any of the resources of another person have been made available to the person concerned,

the assessing authority may treat all or any part of the resources of that other person as the resources of the person concerned.

(5) In this regulation and regulation 12, “person” includes a company, partnership, body of trustees and any body of persons, whether corporate or not corporate.

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