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

Amount of interest in dwellings to be disregardedE+W

This section has no associated Explanatory Memorandum

39.—(1) Subject to [F1paragraphs (2) and (3)], in calculating the disposable capital of the individual, the value (after the application of regulations 37 and 38) of the individual's interest (if any) in the main or only dwelling in which the individual resides must be disregarded.

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

[F2(3) Where an individual (“A”) resides in a dwelling other than the main or only dwelling in which A has an interest, the Director must apply paragraph (1) to A’s interest in the main or only dwelling where the following conditions are met—

(a)A’s residence in the other dwelling (which is not the main or only dwelling) is temporary;

(b)A previously resided in the main or only dwelling with another individual (“B”);

(c)A and B are associated with each other;

(d)A no longer resides in the main or only dwelling because—

(i)there has been, or is a risk of, domestic violence between A and B;

(ii)A was, or is at risk of being, the victim of that domestic violence; and

(iii)B continues to reside in the main or only dwelling; and

(e)the Director is satisfied that A intends to return to reside in the main or only dwelling.

(4) For the purposes of paragraph (3), when determining A’s main or only dwelling the Director must exclude the dwelling in which A’s residence is temporary.

(5) In this regulation, “associated” and “domestic violence” have the same meanings as in paragraph 12 of Part 1 of Schedule 1 to the Act.]

Textual Amendments