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

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The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, Section 24 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Regulation 24:

  • Regulations applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
  • of Contents words inserted by S.I. 2015/1416 reg. 6(2) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

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Payments to be disregarded from calculation of disposable income or gross incomeE+W

This section has no associated Explanatory Memorandum

24.—(1) In calculating the disposable income or the gross income of the individual, the following payments must be disregarded—

(a)disability living allowance paid under section 71 of the Social Security Contributions and Benefits Act 1992 M1 or section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M2;

(b)attendance allowance paid under section 64 of the Social Security Contributions and Benefits Act 1992 or section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

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

(d)any payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(e)carer's allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 M3 or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M4;

(f)council tax benefit paid under section 131 of the Social Security Contributions and Benefits Act 1992 M5;

(g)any direct payments made under [F1sections 31 to 33 of the Care Act 2014 (direct payments) or under] regulations made under [F2section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),] section 57(1) of the Health and Social Care Act 2001 M6 (direct payments), section 17A of the Children Act 1989 M7 (direct payments) [F3, section 8(1)] of the Carers and Direct Payments Act (Northern Ireland) 2002M8 [F4or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014];

(h)so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 M9 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;

(i)severe disablement allowance paid under section 68 of the Social Security Contributions and Benefits Act 1992 M10 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M11;

(j)exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983 M12;

(k)any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 M13;

(l)to the extent that it exceeds the relevant figure referred to in regulation 25(2)(b), any financial support paid under any agreement for the care of a foster child;

(m)any payment made out of the Independent Living Fund 2006 [F5or by or under the Welsh Independent Living Grant]; F6...

(n)any personal independence payment under Part 4 of the Welfare Reform Act 2012 M14 [F7or Part 5 of the 2015 (Northern Ireland) Order] [F8;

(o)any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011];

[F9(p)payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; F10...

(q)payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016];

[F11(r)any payment made under the Windrush Compensation Scheme; F12...

(s)any Windrush connected payment.]

[F13(t)any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or a Relevant Infected Blood Support Scheme;

(u)any payment made under the Vaccine Damage Payments Act 1979; F14...

(v)any payment made by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions] [F15;

(w)a payment made under the Social Security (Additional Payments) Act 2022;

(x)a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022]

F16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3) In calculating the disposable income or the gross income of the individual, the Director may disregard any payment that meets all of the following conditions—

(a)the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(b)the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower, and

(c)the payment was not made directly to the individual by an individual known personally to the individual.

[F18(3A) In calculating the disposable income or the gross income of the individual, the Director may disregard the following payments—

(a)any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; and

(b)any award of compensation paid under a Criminal Injuries Compensation Scheme.]

(4) In this regulation—

“fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;

“Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;

“victim of the fire at Grenfell Tower” means an individual who is any one or more of the following—

(a)

an individual living in Grenfell Tower on 14th June 2017;

(b)

an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower;

(c)

an individual who was injured in, or as a result of, the fire at Grenfell Tower;

(d)

an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower;

(e)

a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met), or

(f)

a personal representative of an individual who died in the fire at Grenfell Tower.]

Textual Amendments

Marginal Citations

M1Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.

M3Section 70 was amended to provide for carer's allowance by articles 2 and 3 of, and paragraphs 1 and 2 of the Schedule to, the Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457).

M4Section 70 was amended to provide for carer's allowance by article 3 of the Deregulation (Carer's Allowance) Order (Northern Ireland) 2002 S.R. (NI) 2002 No 321.

M5Section 131 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

M62001 c. 15. 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.

M71989 c. 41. Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15); 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); section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 47 of, and paragraphs 15 and 17 of Schedule 3 to, the Tax Credits Act 2002; and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5).

M91995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

M10Section 68 was repealed by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958).

M11Section 68 was repealed by article 62 of, and paragraph 25 of Schedule 8 and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (S.I. 2000/332 (C. 14)).

M12S.I. 1983/686. Article 15 of the Scheme, under which exceptionally severe disablement allowance is payable, was amended by paragraph 4 of Schedule 1 to the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420). Paragraph 4 of Schedule 3 to the Scheme, which sets out the rate at which exceptionally severe disablement allowance is payable was substituted by paragraph 1 of Schedule 1 to the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 (S.I. 2010/283).

M13S.I. 2006/606, to which there are amendments not relevant to these Regulations.

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