The Criminal Legal Aid (Financial Resources) Regulations 2013

Disposable income: deductions

11.—(1) To calculate the disposable income of an individual in accordance with regulation 6(1), the Director must deduct the amounts specified in paragraphs (2) and (3).

(2) The amounts are such amounts as were paid or payable by the individual during the period of calculation in respect of—

(a) any income tax on the individual’s income; and

(b) any estimated contributions under Part I of the 1992 Act or Part 1 of the 1992 (Northern Ireland) Act.

(3) The amounts are such amounts as were paid to the individual during the period of calculation in respect of—

(a) attendance allowance paid under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act;

(b) disability living allowance paid under section 71 of the 1992 Act(1) or section 71 of the 1992 (Northern Ireland) Act;

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

(d) any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;

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

(f) any direct payments made under regulations made under section 57(1) of the 2001 Act(2)(direct payments), section 17A of the 1989 Act(3)(direct payments) or section 8(1) of the 2002 (Northern Ireland) Direct Payments Act (direct payments);

(g) any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002(4); and

(h) any personal independence payment paid under Part 4 of the 2012 Act.

(1)

Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.

(2)

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.

(3)

Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15). It was 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); sections 47 and 60 of, and paragraph 15 and 17 of Schedule 3 and Schedule 6 to, the Tax Credits Act 2002 (c. 21); and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5).

(4)

2002 c. 29.