Search Legislation

Advanced Search

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Help about what version

What Version

Help about advanced features

Advanced Features

Help about opening options

Opening Options

Changes to legislation:

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, CHAPTER 3 is up to date with all changes known to be in force on or before 29 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 2 Chapter 3:

  • Regulations applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
  • of Contents words inserted by S.I. 2015/1416 reg. 6(2) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

CHAPTER 3E+WCalculation of income

Calculation of incomeE+W

21.  The income of the individual must be taken to be—

(a)the gross amount the individual has earned or will earn;

(b)the gross amount of any entitlements that have accrued, or will accrue, to the individual; and

(c)any other gross sums from any source which the individual has received, or is likely to receive,

in cash or in kind, during the period of calculation (referred to in regulation 14(2) and (3)), but in calculating such income the Director may have regard to the average income of the individual during such other period as the Director considers appropriate.

Calculation of income from trade, business or gainful employmentE+W

22.—(1) The income from a trade, business or gainful occupation other than an occupation at a wage or salary must be deemed to be whichever of the following the Director considers more appropriate and practicable—

(a)the profits which have accrued or will accrue to the individual in respect of the period of calculation; or

(b)the drawings of the individual.

(2) In calculating the profits under paragraph (1)(a)—

(a)the Director may have regard to the profits of the last accounting period of such trade, business or gainful occupation for which accounts have been prepared; and

(b)there must be deducted all sums necessarily expended to earn those profits, but no deduction may be made in respect of the living expenses of the individual or any member of their family or household, except in so far as such member of their family or household is wholly or mainly employed in such trade or business and such living expenses form part of that member's remuneration.

Deductions for income tax and national insurance contributionsE+W

23.—(1) For the purposes of this regulation, “national insurance contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 M1.

(2) Subject to paragraph (3), in calculating the disposable income of the individual, any income tax and national insurance contribution paid on that income in respect of the period of calculation must be deducted.

(3) Where an application is made for family help (higher) or legal representation, in calculating the disposable income of the individual any income tax and national insurance contribution payable on that income in respect of the period of calculation must be deducted.

Marginal Citations

Payments to be disregarded from calculation of disposable income or gross incomeE+W

24.—(1) In calculating the disposable income or the gross income of the individual, the following payments must be disregarded—

(a)disability living allowance paid under section 71 of the Social Security Contributions and Benefits Act 1992 M2 or section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M3;

(b)attendance allowance paid under section 64 of the Social Security Contributions and Benefits Act 1992 or section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(c)constant attendance allowance paid under section 104 of the Social Security Contributions and Benefits Act 1992 as an increase to a disablement pension or section 104 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(d)any payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(e)carer's allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 M4 or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M5;

(f)council tax benefit paid under section 131 of the Social Security Contributions and Benefits Act 1992 M6;

(g)any direct payments made under [F1sections 31 to 33 of the Care Act 2014 (direct payments) or under] regulations made under [F2section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),] section 57(1) of the Health and Social Care Act 2001 M7 (direct payments), section 17A of the Children Act 1989 M8 (direct payments) [F3, section 8(1)] of the Carers and Direct Payments Act (Northern Ireland) 2002M9 [F4or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014];

(h)so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 M10 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;

(i)severe disablement allowance paid under section 68 of the Social Security Contributions and Benefits Act 1992 M11 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M12;

(j)exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983 M13;

(k)any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 M14;

(l)to the extent that it exceeds the relevant figure referred to in regulation 25(2)(b), any financial support paid under any agreement for the care of a foster child;

(m)any payment made out of the Independent Living Fund 2006 [F5or by or under the Welsh Independent Living Grant]; F6...

(n)any personal independence payment under Part 4 of the Welfare Reform Act 2012 M15 [F7or Part 5 of the 2015 (Northern Ireland) Order] [F8;

(o)any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011];

[F9(p)payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; F10...

(q)payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016];

[F11(r)any payment made under the Windrush Compensation Scheme; F12...

(s)any Windrush connected payment.]

[F13(t)any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or a Relevant Infected Blood Support Scheme;

(u)any payment made under the Vaccine Damage Payments Act 1979; F14...

(v)any payment made by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions] [F15;

(w)a payment made under the Social Security (Additional Payments) Act 2022;

(x)a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022]

F16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3) In calculating the disposable income or the gross income of the individual, the Director may disregard any payment that meets all of the following conditions—

(a)the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(b)the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower, and

(c)the payment was not made directly to the individual by an individual known personally to the individual.

[F18(3A) In calculating the disposable income or the gross income of the individual, the Director may disregard the following payments—

(a)any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; and

(b)any award of compensation paid under a Criminal Injuries Compensation Scheme.]

(4) In this regulation—

“fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;

“Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;

“victim of the fire at Grenfell Tower” means an individual who is any one or more of the following—

(a)

an individual living in Grenfell Tower on 14th June 2017;

(b)

an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower;

(c)

an individual who was injured in, or as a result of, the fire at Grenfell Tower;

(d)

an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower;

(e)

a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met), or

(f)

a personal representative of an individual who died in the fire at Grenfell Tower.]

Textual Amendments

Marginal Citations

M2Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.

M4Section 70 was amended to provide for carer's allowance by articles 2 and 3 of, and paragraphs 1 and 2 of the Schedule to, the Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457).

M5Section 70 was amended to provide for carer's allowance by article 3 of the Deregulation (Carer's Allowance) Order (Northern Ireland) 2002 S.R. (NI) 2002 No 321.

M6Section 131 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

M72001 c. 15. Section 57 was amended by section 146(1) to (7) of the Health and Social Care Act 2008 (c. 14) and in relation to Wales, by section 16 of the Social Care Charges (Wales) Measure 2010.

M81989 c. 41. Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15); amended by section 39 of, and paragraph 1 and 3 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23); section 160 of, and paragraph 1 of Schedule 14 to, the Health and Social Care Act 2008 (c. 14); section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 47 of, and paragraphs 15 and 17 of Schedule 3 to, the Tax Credits Act 2002; and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5).

M101995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

M11Section 68 was repealed by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958).

M12Section 68 was repealed by article 62 of, and paragraph 25 of Schedule 8 and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (S.I. 2000/332 (C. 14)).

M13S.I. 1983/686. Article 15 of the Scheme, under which exceptionally severe disablement allowance is payable, was amended by paragraph 4 of Schedule 1 to the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420). Paragraph 4 of Schedule 3 to the Scheme, which sets out the rate at which exceptionally severe disablement allowance is payable was substituted by paragraph 1 of Schedule 1 to the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 (S.I. 2010/283).

M14S.I. 2006/606, to which there are amendments not relevant to these Regulations.

Deductions in respect of a partner and dependants of the individualE+W

25.—(1) For the purposes of this regulation, “the Schedule” means Schedule 2 to the Income Support (General) Regulations 1987 M16.

(2) Subject to paragraph (3), in calculating the disposable income of the individual there must be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation)—

(a)in respect of the maintenance of the individual's partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of item (3)(d) of the table in paragraph 1 of the Schedule), and the allowance for a single person aged not less than 25 (which is specified in column 2 of item (1)(e) of the table in paragraph 1 of the Schedule); and

(b)in respect of the maintenance of any dependent child or dependent relative of the individual, where such persons are members of the individual's household—

(i)in the case of a dependent child or a dependent relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in the table in paragraph 2 of the Schedule; and

(ii)in the case of a dependent child or a dependent relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in the table in paragraph 2 of the Schedule.

(3) The Director may reduce any rate provided by virtue of paragraph (2) by taking into account the income and other resources of the dependent child or dependent relative to such extent as appears to the Director to be equitable.

(4) In ascertaining whether a child is a dependent child or whether a person is a dependent relative for the purposes of this regulation, regard must be had to their income and other resources.

Modifications etc. (not altering text)

Marginal Citations

M16S.I. 1987/1967, amended by S.I. 2012/780, S.I. 2003/455 and S.I. 1996/2545; there are other amending instruments but none is relevant.

Deduction in respect of maintenanceE+W

26.  Where the individual is making and, throughout such period as the Director considers adequate, has regularly made payments for the maintenance of—

(a)a former partner;

(b)a child; or

(c)a relative,

who is not a member of the individual's household, a reasonable amount must be deducted in respect of such payments.

Deductions in respect of employment expenses and child care costsE+W

27.—(1) Where the income of the individual consists, wholly or partly, of a wage or salary from employment, there must be deducted—

(a)the sum of £45 per month; and

(b)where it would be reasonable to do so, an amount to provide for the care of any dependent child living with the individual during the time that individual is absent from home by reason of their employment.

(2) Where the income of the individual consists, wholly or partly, of income from a trade, business or gainful occupation other than an occupation at a wage or salary, there must be deducted, where it would be reasonable to do so, an amount to provide for the care of any dependent child living with the individual during the time that individual is absent from home whilst the individual is engaged in that trade, business or gainful occupation.

[F19(3) Where the income of the individual consists, wholly or partly, of study-related income, there must be deducted, where it would be reasonable to do so, an amount to provide for the care of any dependent child living with the individual during the time that individual is absent from home by reason of their course of study.

(4) In this regulation, the “study-related income” of an individual means income consisting of a—

(a)student loan;

(b)student grant; or

(c)other income received from a person who is not a partner or relative of the individual,

and the purpose of the income is to support the individual’s course of study.]

Textual Amendments

Deductions in respect of rent or cost of living accommodationE+W

28.—(1) Paragraphs (2) to (5) apply only if the individual is a householder.

(2) Subject to paragraph (4), in calculating the disposable income of the individual—

(a)the net rent payable by the individual in respect of their main or only dwelling must be deducted; and

(b)where the individual resides in more than one dwelling, the Director must decide which is the main dwelling.

(3) In calculating the amount of net rent payable, there must be deducted—

(a)any housing benefit paid under section 130 of the Social Security Contributions and Benefits Act 1992 M17 or section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(b)any proceeds of sub-letting any part of the premises; and

(c)an amount reasonably attributable to any person other than the individual, their partner or any dependant of the individual, who is accommodated in the premises otherwise than as a sub-tenant.

(4) Where the amount of net rent paid by the individual is less than the amount of net rent payable, the Director may deduct the lesser amount where the Director considers it is reasonable to do so in the circumstances, having regard to—

(a)the likelihood that the individual will recommence payment of the full contractual amount in the future;

(b)the relationship of the individual with the landlord; and

(c)any agreement with the landlord or mortgagee for payment deferral.

(5) Paragraph (4) does not apply where the individual makes an application in respect of a matter described in paragraph 33 (loss of home) of Part 1 of Schedule 1, to the extent that—

(a)the matter concerns possession of the individual's home; and

(b)the individual is resisting a court order for such possession.

(6) If the individual is not a householder, a reasonable amount in respect of the cost of their living accommodation must be deducted.

(7) If no deduction has been made under regulation 25(2), the maximum amount to be deducted under paragraph (2) or (4) or, as the case may be, (6), must be £545.

(8) In this regulation—

“householder”, in relation to domestic premises, means a person who—

(a)

owns the dwelling (as a freeholder or leaseholder); or

(b)

rents accommodation at that address (as a tenant or sub-tenant); and

“net rent” means—

(a)

any monthly rent; and

(b)

any monthly instalment (whether of interest or capital) in respect of a debt secured by a mortgage or charge on the property.

Marginal Citations

M171992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

Deductions in respect of contribution ordersE+W

29.  In calculating the disposable income of the individual, any amounts due under a contribution order made under the Criminal Legal Aid (Contribution Orders) Regulations 2013 M18 must be deducted.

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources