The Criminal Defence Service (Financial Eligibility) Regulations 2006

Financial eligibility

10.—(1) Where an individual’s gross annual income, as adjusted under regulation 9(1) where appropriate, is more than £11,590 and less than £20,740, the representation authority must calculate the individual’s annual disposable income in accordance with paragraph (2).

(2) There are to be deducted from the individual’s gross annual income—

(a) any income tax paid or payable in respect of the period of calculation;

(b) any contributions estimated to have been paid under Part 1 of the Social Security Contributions and Benefits Act 1992, in respect of the period of calculation;

(c) any council tax paid or payable in respect of the period of calculation;

(d) either—

(i) any annual rent or annual payment (whether of interest or capital) in respect of a mortgage debt or hereditable security, payable by him in respect of his only or main dwelling, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or

(ii) the annual cost of his living accommodation;

(e) any child care costs paid or payable in respect of the period of calculation;

(f) if the individual is making bona fide payments for the maintenance of a former partner or of a child or a relative who is not (in such case) a member of his household, the amount of such payments paid or payable in respect of the period of calculation;

(g) an amount representing cost of living expenses in respect of the period of calculation, being either—

(i) £5,304; or

(ii) if the individual has a partner or has children living in his household, an amount calculated in accordance with the scale set out in the Schedule to these Regulations.

(3) An individual is eligible for a representation order if his annual disposable income, as calculated under this regulation, does not exceed £3,156.