The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Disposable income

10.—(1) Subject to sub-paragraph (2) below, in computing disposable income, there shall be a deduction–

(a) in respect of the maintenance of the spouse of the person concerned, where the spouses are living together;

(b) in respect of the maintenance of any dependent child and of any dependent relative of the person concerned where such persons are members of his household;

at the following rates–

(i) in the case of a spouse at the rate equivalent to 25% above the amount specified for the time being in column (3) of paragraph 6 of Part IV of Schedule 4 to the Social Security Act 1975 (increase for adult dependant of Category A retirement pension)(1);

(ii) in the case of a dependent child or a dependent relative, at the rate equivalent to 25% above the amount specified for the time being in paragraph 2 of Part I of Schedule 2 to the Income Support (General) Regulations 1987(2) appropriate to the age of the child or relative.

(2) The proper officer may reduce any rate provided by virtue of sub-paragraph (1) by taking into account the income and other resources of the dependent child or other dependant to such extent as appears to the officer to be just and equitable.

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

(1)

1975 c. 14; Part IV of Schedule 4 to the Social Security Act 1975 was amended by S.I. 1989/43.

(2)

S.I. 1987/1967.