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The Criminal Legal Aid (Financial Resources) Regulations 2013

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Disposable capital: deductions

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13.—(1) To calculate the disposable capital of an individual in accordance with regulation 6(2), the Director must deduct the following amounts—

(a)the value of the individual’s—

(i)household furniture and effects;

(ii)clothes; and

(iii)tools and implements of the individual’s trade; and

(b)so much of any back to work bonus received under section 26 of the 1995 Act as is, by virtue of that section, to be treated as payable by way of a jobseeker’s allowance.

(2) To calculate the disposable capital of an individual, in accordance with regulation 6(2) the Director must assess the value of any interest in land as the amount for which that interest could be sold, less the amount of any mortgage debt or hereditable security secured on that land, subject to the following—

(a)the Director must not deduct more than £100,000 in respect of all mortgage debts or hereditable securities;

(b)in making any deduction in accordance with sub-paragraph (a), the Director must deduct any mortgage debt or hereditable security in respect of the main or only dwelling last; and

(c)the Director must disregard the first £100,000 of the value of the individual’s interest (if any) in the main or only dwelling in which the individual resides, after the application of sub-paragraphs (a) and (b).

(3) For the purpose of paragraph (2), where an individual resides in more than one dwelling, the Director must decide which dwelling is the main dwelling.

(4) Paragraph (5) applies where an individual lives with one or more of the following—

(a)a partner whose resources are required to be treated as the resources of the individual in accordance with regulation 9; or

(b)a dependant child or a dependant relative.

(5) The Director must deduct—

(a)£335 in respect of the first of any of the individuals specified in paragraph (4)(a) or (b);

(b)£200 in respect of the second such individual; and

(c)£100 in respect of each further such individual.

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