The Criminal Legal Aid (Financial Resources) Regulations 2013

Disposable income: deductions for maintenance

12.—(1) To calculate the disposable income of an individual in accordance with regulation 6(1), the Director must deduct the following amounts—

(a) any maintenance payment that was liable to be paid by the individual during the period of calculation;

(b) a sum in respect of the maintenance of an individual’s partner, being the difference between—

(i) the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(d) of Schedule 2 to the Income Support (General) Regulations 1987((1) (“Schedule 2”); and

(ii) the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of Schedule 2); and

(c) subject to paragraph (2), a sum in respect of the maintenance of any dependant child or dependant relative of the individual that is a member of the individual’s household being—

(i) in the case of a dependant child under the age of 16 at the beginning of the period of calculation, the amount specified at (a) in column 2 of the table in paragraph 2 of Schedule 2(2); and

(ii) in the case of a dependant child aged 16 or 17 at the beginning of the period of calculation, or of a dependant relative, the amount specified at (b) in column 2 of the table in paragraph 2 of Schedule 2.

(2) For the purpose of making a deduction in accordance with this regulation, the Director may substitute an amount specified in paragraph (1)(c) with such lesser amount as appears to the Director to be equitable, having taken into account the income and other financial resources of a dependant child or dependant relative.

(1)

S.I. 1987/1967. Paragraph 1 of Schedule 2 has been amended by S.I. 1990/1168 and S.I. 2012/780. There have been other amendments but none are relevant.

(2)

Paragraph 2 of Schedule 2 has been amended by S.I. 2012/780. There have been other amendments but none are relevant.