The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

Disregards from income – certain welfare and other allowances, payments etc.

25.  In calculating the disposable income of the person concerned, the following payments shall be disregarded—

(a) disability living allowance paid under section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”)(1);

(b) attendance allowance paid under section 64 of, or paragraph 4(2)(b) of Schedule 8 to, the 1992 Act;

(c) constant attendance allowance paid under section 104 of the 1992 Act as an increase to a disablement pension;

(d) any payment made out of the social fund under Part 8 of the 1992 Act;

(e) carer’s allowance paid under section 70 of the 1992 Act;

(f) any direct payment made under regulations made under section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002(2);

(g) any extra-statutory job grant paid by the Department for Social Development;

(h) severe disablement allowance paid under section 68 of the 1992 Act;

(i) exceptionally severe disablement allowance paid under Article 15 of the Personal Injuries (Civilian) Scheme 1983(3);

(j) any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(4);

(k) any armed forces independence payment made under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(5);

(l) to the extent that it exceeds the relevant figure referred to in regulation 27(1)(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).

(1)

1992 c. 7

(2)

2002 c. 6 (N.I.)

(3)

S.I. 1983/686

(4)

S.I. 2006/606

(5)

S.I. 2011/517