In this Schedule—

• “child” means a person—

  1. a

     whose main residence is with a party and who is aged—

     1. i

        under 16 years; or

     2. ii

        16 to 19 years; and is—

        1. aa

           not married or in a civil partnership; and

        2. bb

           enrolled or accepted in full-time education that is not advanced education, or approved training; or

  2. b

     in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

  3. c

     and “full-time education”, “advanced education” and “approved training” have the meaning given by regulation 1(3) of the Child Benefit (General) Regulations 20069;

• “child support maintenance” has the meaning given in section 3(6) of the Child Support Act 199110;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 200211;

• “disposable capital” has the meaning given in paragraph 4;

• “excluded benefits” means—

  1. a

     any of the following benefits payable under the Social Security Contributions and Benefits Act 199212 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 199213—

     1. i

        attendance allowance;

     2. ii

        severe disablement allowance;

     3. iii

        carer’s allowance;

     4. iv

        disability living allowance;

     5. v

        any payment made out of the social fund;

     6. vi

        any payment from the industrial injuries disablement benefit;

  2. b

     any of the following benefits payable under the Tax Credits Act 2002—

     1. i

        any disabled child element or severely disabled child element of the child tax credit;

     2. ii

        any childcare element, disabled element or severely disabled element of the working tax credit;

  3. c

     any direct payment made under—

     1. i

        the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200914,

     2. ii

        the Social Services and Well-being (Wales) Act 201415,

     3. iii

        the Carers and Direct Payments Act (Northern Ireland) 200216,

     4. iv

        the Social Care (Self–directed Support) (Scotland) Act 201317;

  4. d

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198318;

  5. e

     any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 200619;

  6. f

     any payment made from the Independent Living Funds;

  7. g

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

  8. h

     any armed forces independence payment;

  9. i

     any personal independence payment payable under the Welfare Reform Act 201220;

  10. j

      any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 201321;

  11. k

      any of the following amounts, as defined by the Universal Credit Regulations 201322, that make up an award of universal credit—

      1. i

         an additional amount to the child element in respect of a disabled child;

      2. ii

         a housing costs element;

      3. iii

         a childcare costs element;

      4. iv

         a carer element;

      5. v

         a limited capability for work or limited capacity for work and work-related activity element;

  12. l

      any bereavement support payment under section 30 of the Pensions Act 201423 or section 29 of the Pensions Act (Northern Ireland) 201524;

• “family help (higher)” has the meaning given in regulation 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 201325;

• “gross monthly income” has the meaning given in paragraph 12;

• “Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 201326;

• “legal representation” has the meaning given in regulation 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “maintenance agreement” has the meaning given in section 9(1) of the Child Support Act 1991;

• “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 individual who would, but for this Schedule, be liable to pay a fee under this Order;

• “restraint order” means—

  1. a

     an order under section 42(1) of the Senior Courts Act 198127;

  2. b

     an order under section 33 of the Employment Tribunals Act 199628;

  3. c

     a civil restraint order made under rule 3.11 of the Civil Procedure Rules 199829, or a practice direction made under that rule; or

  4. d

     a civil restraint order made under rule 4.8 of the Family Procedure Rules 201030, or the practice direction referred to in that rule;

• “savings and investments” include, but are not limited to—

  1. a

     bonds;

  2. b

     stocks and shares; and

  3. c

     the value of any land or property.

References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted are to be construed accordingly.