The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Subject matter of the dispute disregard

This adran has no associated Memorandwm Esboniadol

38.—(1) Subject to paragraphs (2) and (3), in calculating the disposable capital of the individual, the amount or value of the subject matter of the dispute to which the application relates must be disregarded.

(2) The total amount to be disregarded under this regulation must not exceed £100,000.

(3) If—

(a)the subject matter of the dispute includes interests of the individual in—

(i)the main or only dwelling in which the individual resides; and

(ii)other resources of a capital nature; and

(b)the total value of those interests (after the application of regulation 37) exceeds £100,000,

the Director must disregard the value of the individual’s interests in their main or only dwelling first.