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

Changes over time for: Section 40

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The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, Section 40 is up to date with all changes known to be in force on or before 26 August 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.

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Changes and effects yet to be applied to Regulation 40:

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):

reg. 5(1)(s) word inserted by S.I. 2023/1177 reg. 2(3)
reg. 5(1)(t) inserted by S.I. 2023/1177 reg. 2(4)
reg. 5(1)(ma) reg. 5(1)(m) renumbered as reg. 5(1)(ma) by S.I. 2023/745 reg. 3(2)(a)

Certain payments to be disregardedE+W

This section has no associated Explanatory Memorandum

40.— [F1(1)] In calculating the disposable capital of the individual, there must be disregarded—

(a)so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 M1 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;

(b)any—

(i)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; or

(ii)arrears of payments made under the Community Care (Direct Payments) Act 1996 M2 [F2or sections 31 to 33 of the Care Act 2014 (direct payments)] or under regulations made under [F3section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments)] [F4, section 57] of the Health and Social Care Act 2001 [F5or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014] (direct payments); [F6or]

[F7(iii)payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; and]

(c)any payment made out of the Independent Living Fund 2006 [F8or by or under the Welsh Independent Living Grant];

[F9(d)any payment made under the Windrush Compensation Scheme; F10...

(e)any Windrush connected payment.]

[F11(f)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;

(g)any payment made under the Vaccine Damage Payments Act 1979; F12...

(h)any payment 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] [F13;

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

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

[F14(2) In calculating the disposable capital 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.

[F15(2A) In calculating the disposable capital 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 under a Criminal Injuries Compensation Scheme.]

(3) In this regulation, “fire at Grenfell Tower”; “Grenfell Tower”, and “victim of the fire at Grenfell Tower” have the same meaning as in regulation 24(4).]

Textual Amendments

F1Reg. 40(1): reg. 40 renumbered as reg. 40(1) (14.7.2017) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2017 (S.I. 2017/745), regs. 1, 2(3)

F2Words in reg. 40(b)(ii) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 44(3) (with art. 4); S.I. 2015/993, art. 2(a)

F3Words in reg. 40(b)(ii) inserted (13.4.2015) by The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I. 2015/838), regs. 1(2), 9(b)

F4Words in reg. 40(b)(ii) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 156(a)

F5Words in reg. 40(b)(ii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 156(b)

F6Word in reg. 40(b)(ii) substituted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(a)(i)

F7Reg. 40(b)(iii) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(a)(ii)

F8Words in reg. 40(c) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(b)

F9Reg. 40(1)(d)(e) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 2(4)

F10Word in reg. 40(1)(d) omitted (8.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(6)(a)

F11Reg. 40(f)(g)(h) inserted (8.1.2021) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(6)(b)