The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Interest in land

37.—(1) In calculating the disposable capital of the individual, the value of any interest in land must be taken to be the amount for which that interest could be sold after deducting, subject to paragraphs (2) and (3), the amount of any debt secured by a mortgage or charge on the property.

(2) The total amount to be deducted under this regulation on an assessment of the individual’s disposable capital may not exceed £100,000 in respect of all secured debts.

(3) Where—

(a) the interests in land which are taken into account in an assessment of the individual’s disposable capital includes interests in both—

(i) the main or only dwelling in which the individual resides; and

(ii) one or more other properties; and

(b) debts totalling more than £100,000 are secured on the main or only dwelling and one or more of the other properties,

the deductions to be made under this regulation must be made in respect of the debts secured on the other properties first.

(4) Where the individual resides in more than one dwelling, the Director must decide which is the main dwelling for the purposes of this regulation and regulations 38 and 39.