In these Regulations—

• “the Act” means the Access to Justice Act 1999;

• “capital contribution order” means a contribution order based on an individual’s capital;

• “child care costs” means the costs of care which is provided by one or more of the following care providers—

  1. a

     a school on school premises, out of school hours;

  2. b

     a local authority, out of school hours—

     1. i

        for children who are not disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 15th birthday;

     2. ii

        for children who are disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 16th birthday;

  3. c

     a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 19992;

  4. d

     persons registered under Part 3 of the Childcare Act 20063 or Part XA of the Children Act 19894;

  5. e

     persons referred to in paragraph 1 or 2 of Schedule 9A to the Children Act 1989, in schools or establishments referred to in those paragraphs;

  6. f

     persons prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 20025;

  other than costs paid in respect of the child’s compulsory education or by the individual to his partner (or vice versa) in respect of—

  1. i

     any child for whom either or both of them is or are responsible in accordance with regulation 10 of the Council Tax Benefit Regulations 20066, or

  2. ii

     care provided by a relative of the child wholly or mainly in the child’s home;

  and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;

• “the Commission” means the Legal Services Commission established under section 1 of the Act;

• “disposable capital” means the capital of the individual, calculated in accordance with regulations 13 to 18;

• “gross annual income” means total annual income, as at the date of the application for a representation order, from all sources, other than the receipt of any of the following—

  1. a

     any of the following payments made under the Social Security Contributions and Benefits Act 19927—

     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

        housing benefit;

     7. vii

        council tax benefit;

     8. viii

        any payment made out of the social fund;

  2. b

     any direct payments made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 20038 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 20049;

  3. c

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198310;

  4. d

     any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200611;

  5. e

     any Independent Living Funds payments;

  6. f

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

  7. g

     any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 200212;

• “income contribution order” means a contribution order based on an individual’s income;

• “the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

• “the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006);

• “the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

• “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

• “the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

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

• “period of calculation” means the period of one year ending on the date on which an application for a representation order is made;

• “qualifying benefit” means—

  1. a

     income support;

  2. b

     income-based jobseeker’s allowance;

  3. c

     guarantee credit under section 1(3)(a) of the State Pension Credit Act 200213;

  4. d

     income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 200714.

• “representation order” means a document granting a right to representation under section 14 of the Act.

In these Regulations “assessing authority” means the Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the Act, has delegated its functions under section 17A of the Act, and there may be a different assessing authority for different functions.

Subject to the proviso in regulation 25(1), in these Regulations a reference to the financial resources, income or financial circumstances of the individual includes a reference to the financial resources, income or financial circumstances of the individual’s partner.