The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and revocations

    2. 2.Interpretation

  3. PART 2 DETERMINATIONS IN RESPECT OF AN INDIVIDUAL'S FINANCIAL RESOURCES

    1. CHAPTER 1 FINANCIAL ELIGIBILITY LIMITS AND WAIVERS

      1. 3.Determination in respect of an individual's financial resources

      2. 4.Exceptions from requirement to make a determination in respect of an individual's financial resources

      3. 5.Individuals in receipt of certain benefits, allowances etc.

      4. 6.Financial eligibility limits – disposable income and disposable capital

      5. 7.Waiver of eligibility limits and contributions in multi-party actions of significant wider public interest

      6. 8.Waiver of eligibility limits and contributions in certain inquests

      7. 9.Waiver of eligibility limits and contributions in cross-border disputes

      8. 10.Waiver of eligibility limits in proceedings relating to domestic violence or forced marriage

    2. CHAPTER 2 MAKING A DETERMINATION IN RESPECT OF AN INDIVIDUAL'S FINANCIAL RESOURCES

      1. 11.Provision of information

      2. 12.Calculations

      3. 13.Over-capital cases

      4. 14.Assessment of resources prior to provision of services

      5. 15.Guidance given by the Department

      6. 16.Application in representative, fiduciary or official capacity

      7. 17.Resources of other persons

      8. 18.Deprivation or conversion of resources

      9. 19.Duty to report change in financial circumstances

      10. 20.Amendment of assessment due to error or receipt of new information

      11. 21.Further assessments

    3. CHAPTER 3 CALCULATION OF INCOME AND CAPITAL – ADVICE AND ASSISTANCE AND REPRESENTATION (LOWER COURTS)

      1. 22.Application of regulations 23 to 32

      2. 23.Calculation of income and capital

      3. 24.Disregard of financial resources which are the subject matter of any claim

      4. 25.Disregards from income – certain welfare and other allowances, payments etc.

      5. 26.Deductions from income – income tax and national insurance contributions

      6. 27.Deductions from income – maintenance of partner and dependants

      7. 28.Deductions from income – maintenance of former partner and dependants outside the household

      8. 29.Main dwelling, household furniture and effects, personal clothing, and tools and equipment

      9. 30.Disregard from capital – income support or universal credit

      10. 31.Disregard from capital – arrears of payments

      11. 32.Deductions from capital – maintenance of partner and dependants

    4. CHAPTER 4 CALCULATION OF INCOME – REPRESENTATION (HIGHER COURTS)

      1. 33.Application of regulations 34 to 43

      2. 34.Calculation of income

      3. 35.Disregard of financial resources which are the subject matter of the dispute

      4. 36.Disregard of certain welfare and other allowances, payments etc.

      5. 37.Income from a trade, business or gainful occupation, other than wage or salary

      6. 38.Deductions – income tax and national insurance contributions

      7. 39.Deductions – maintenance of partner and dependants

      8. 40.Deductions – maintenance of former partner and dependants outside the household

      9. 41.Deductions – work-related expenses, including childcare payments

      10. 42.Deductions – housing costs

      11. 43.General discretion to disregard income

    5. CHAPTER 5 CALCULATION OF CAPITAL – REPRESENTATION (HIGHER COURTS)

      1. 44.Application of regulations 45 to 57

      2. 45.Calculation of capital

      3. 46.Disregard of financial resources which are the subject matter of the dispute

      4. 47.Equitable value of any interest in land

      5. 48.Household furniture and effects, personal clothing, and tools and equipment

      6. 49.Disregard of certain welfare and other payments

      7. 50.Additional disregard where client or person concerned is of pensionable age

      8. 51.Disregard of interim court payments etc.

      9. 52.Value of money due to the person concerned

      10. 53.Value of a capital resource other than money

      11. 54.Resources owned jointly or in common with other persons

      12. 55.Value of a business or other property interest

      13. 56.Value of any life insurance or endowment policy

      14. 57.General discretion to disregard capital

  4. PART 3 CONTRIBUTIONS

    1. 58.Application of regulations 59 and 60

    2. 59.Determination of contributions – advice and assistance and representation (lower courts)

    3. 60.Collection of contributions and repayment of excess contributions

    4. 61.Application of regulations 62 and 63

    5. 62.Determination of contributions – representation (higher courts)

    6. 63.Collection of contributions and repayment of excess contributions

  5. Signature

    1. SCHEDULE

      Instruments Revoked

  7. Explanatory Note