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43. Where an application is made for legal representation or family help (higher), in calculating the disposable capital of the individual, any capital resource may be disregarded where—
(a)the individual is restrained from dealing with that resource by order of the court;
(b)the individual has requested the court which made the order to release all or part of that resource for use in connection with the proceedings to which the application relates; and
(c)that request has been refused.