The Community Legal Service (Financial) Regulations 2000

Calculation of income

24.—(1) This regulation applies only where eligibility is being assessed under regulation 5(6).

(2) Paragraphs (3) to (5) apply only if the person concerned is a householder.

(3) In calculating the disposable income of the person concerned, the net rent payable by him in respect of his main or only dwelling, or such part of it as is reasonable in the circumstances, shall be deducted; and the assessing authority shall decide which is the main dwelling where the person concerned resides in more than one dwelling.

(4) For the purpose of this regulation, “net rent” includes:

(a) any annual rent payable;

(b) any annual instalment (whether of interest or capital) in respect of a mortgage debt or hereditable security up to a maximum of an amount bearing the same proportion to the amount of the annual instalment as £100,000 bears to the debt secured; and

(c) a sum in respect of yearly outgoings borne by the householder including, in particular, any water and sewerage charges, and a reasonable allowance towards any necessary expenditure on repairs and insurance.

(5) In calculating the amount of net rent payable, there shall be deducted:

(a) any housing benefit paid under the Social Security Contributions and Benefits Act 1992;

(b) any proceeds of sub-letting any part of the premises; and

(c) an amount reasonably attributable to any person other than the person concerned, his partner or any dependant, who is accommodated in the premises otherwise than as a sub-tenant.

(6) If the person concerned is not a householder, a reasonable amount in respect of the cost of his living accommodation shall be deducted.