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

Disposable income

8.—(1) In computing disposable income there shall be a deduction in respect of the main or only dwelling in the case of a householder of the amount of the net rent payable, or such part thereof as is reasonable in the circumstances.

(2) For the purposes of this paragraph, “rent” includes–

(a) the annual rent payable; and

(b) a sum in respect of yearly outgoings borne by the householder including, in particular, rates, a reasonable allowance towards any necessary expenditure on repairs and insurance and any annual instalment (whether of interest or of capital) payable in respect of a mortgage debt or heritable security charged on the house in which the householder resides or has an interest and,

in calculating the amount of rent payable, any housing benefit paid under the Social Security Act 1986 shall be deducted from amount of rent payable.

(3) In this paragraph, the expression “net rent” means the rent less any proceeds of sub-letting any part of the premises in respect of which the said rent is paid or the outgoings are incurred except that, where any person or persons other than the person concerned, his or her spouse or any dependent of his or hers is accommodated, otherwise than as a sub-tenant, in the premises for which the rent is paid, the rent may be deemed to be reduced by an amount reasonably attributable to such other person or persons.