PART 2 E+WDeterminations in respect of an individual's financial resources

CHAPTER 2E+WMaking a determination in respect of an individual's financial resources

Resources to be treated as the individual's resourcesE+W

16.—(1) Subject to paragraph (2), in calculating the disposable income and disposable capital of the individual, the resources of the individual's partner must be treated as the individual's resources.

(2) The resources of the individual's partner must not be treated as the individual's resources if the individual has a contrary interest in the dispute in respect of which the application is made.

(3) Paragraph (4) applies where an application is made for any form of civil legal services except legal representation [F1or family help (higher)].

(4) Where the individual is a child, the resources of a parent, guardian or any other person who is responsible for maintaining the child, or who usually contributes substantially to the child's maintenance, must be treated as the child's resources, unless, having regard to all the circumstances, including the age and resources of the child and any conflict of interest, it appears inequitable to do so.

(5) Where it appears to the Director that—

(a)another person is, has been or is likely to be substantially maintaining the individual or any person whose resources are to be treated as the individual's resources under this regulation; or

(b)any of the resources of another person have been or are likely to be made available to the individual or any person whose resources are to be treated as the individual's resources under this regulation,

the Director may treat all or any part of the resources of that other person as the resources of the individual, and may assess or estimate the value of those resources as well as the Director is able.

(6) A reference to “individual” in regulations 21 to 36 and 40 to 43 is a reference to—

(a)the individual in respect of whom the determination about financial resources is being made; and

(b)any person whose resources are to be treated as the individual's resources under this regulation.

F2(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments