In this Schedule—

• “child” means a child or young person in respect of whom a party is entitled to receive child benefit in accordance with section 141, and regulations made under section 142, of the Social Security Contributions and Benefits Act 199215;

• “child care costs” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 200616;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 200217;

• “disposable monthly income” has the meaning given in paragraph 5;

• “excluded benefits” means—

  1. a

     any of the following benefits payable under the Social Security Contributions and Benefits Act 1992—

     1. i

        attendance allowance paid under section 64;

     2. ii

        severe disablement allowance;

     3. iii

        carer’s allowance;

     4. iv

        disability living allowance;

     5. v

        constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;

     6. vi

        council tax benefit;

     7. vii

        any payment made out of the social fund;

     8. viii

        housing benefit;

  2. b

     any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200318 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 200419;

  3. c

     a back to work bonus payable under section 626 of the Jobseekers Act 199520;

  4. d

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198321;

  5. e

     any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 200622;

  6. f

     any payment made from the Independent Living Funds; and

  7. g

     any financial support paid under an agreement for the care of a foster child;

• “the Funding Code” means the code approved under section 9 of the Access to Justice Act 199923;

• “gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits;

• “gross monthly income” means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;

• “the Independent Living Funds” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006;

• “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;

• “partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

• “party” means the party who would, but for this Schedule, be liable to pay the fee required under this Order;

• “restraint order” means—

  1. a

     an order under section 42(1A) of the Supreme Court Act 198124; or

  2. b

     a civil restraint order under rule 3.11 of the Civil Procedure Rules 199825 or a practice direction made under that rule.