Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Assessment of Resources) Regulations 1989 by—
increasing the free limit and eligibility limit of disposable income for civil legal aid from £2,515 and £6,035 to £2,645 and £6,350 respectively (regulation 4(1));
increasing the eligibility limit for disposable capital from £6,000 to £6,310 (regulation 4(1));
increasing the eligibility limits for disposable income to £7,000 and disposable capital to £8,000 where, the application for legal aid is made in respect of a personal injury claim (regulation 4(1));
omitting regulation 8 of the 1989 Regulations so that a child’s resources are separately assessed and are no longer taken to include sums to another payable for his maintenance (regulation 4(2));
amending regulation 9 of the 1989 Regulations to allow account to be taken of resources of which an applicant has deprived himself for whatever reason (regulation 4(3));
making provision for allowances to be made in respect of the community charge and water and sewerage charges (regulation 4(5)(a), (b) ands (d));
preserving the dependents' allowances applicable at the beginning of the computation period (regulation 4(5)(e);
allowing an additional disregard of capital on a sliding scale in respect of persons of pensionable age where their disposable income (excluding investment income) is below the free income limit (regulation 4(6)(b));
allowing a disregard in respect of capital payments made in relation to the incident which has led to the litigation (eg disaster fund payments) (regulation 4(6)(c)).