The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
S.I. 2013/480 · Made 28 February 2013 · Extends to England and Wales
Legal Aid And Advice, England And Wales
Made 28th February 2013
Laid before Parliament 7th March 2013
Coming into force 1st April 2013
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 5(4), 21(2) to (8), 23(1), (2)(a) and (b), (4) to (8), (9)(a) to (c), (11)(a), and 41(1)(a) and (b), (2)(a) and (b) and (3)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M1.
Annotations to the whole text
Marginal citations
- M1
2012 c. 10. Section 42(1) of the Act provides that in Part 1 of the Act “regulations” means regulations made by the Lord Chancellor.
Contents
- Part 1: Interpretation and General
- 1Citation and commencement
- 2Interpretation
- 3Delegation
- Part 2: Determinations in respect of an individual's financial resources
- Chapter 1: Financial eligibility limits and waivers
- 4Determination in respect of an individual's financial resources
- 5Exceptions from requirement to make a determination in respect of an individual's financial resources
- 6Individuals in receipt of certain support
- 7Financial eligibility limit – gross income
- 8Financial eligibility limit – disposable income and disposable capital
- 9Waiver of eligibility limit in multi-party actions of significant wider public interest
- 10Waiver of eligibility limits and contributions in inquests Repealed
- 11Waiver of eligibility limit and contributions in cross-border disputes Repealed
- 12Waiver of eligibility limit in proceedings relating to domestic abuse , female genital mutilation protection orders and forced marriage
- Chapter 2: Making a determination in respect of an individual's financial resources
- 13Provision of information
- 14Calculations
- 15Application in representative, fiduciary or official capacity
- 16Resources to be treated as the individual's resources
- 17Deprivation or conversion of resources
- 18Duty to report change in financial circumstances
- 19Amendment of determination due to error or receipt of new information
- 20Further determinations
- Chapter 3: Calculation of income
- 21Calculation of income
- 22Calculation of income from trade, business or gainful employment
- 23Deductions for income tax and national insurance contributions
- 24Payments to be disregarded from calculation of disposable income or gross income
- 25Deductions in respect of a partner and dependants of the individual
- 26Deduction in respect of maintenance
- 27Deductions in respect of employment expenses and child care costs
- 28Deductions in respect of rent or cost of living accommodation
- 29Deductions in respect of contribution orders
- Chapter 4: Calculation of capital
- 30Calculating disposable capital
- 31Value of resource of a capital nature
- 32Value of any money due
- 33Value of life insurance etc
- 34Exclusions from disposable capital
- 35Interest in common property
- 36Value of the business etc
- 37Interest in land
- 38Subject matter of the dispute disregard
- 39Amount of interest in dwellings to be disregarded
- 40Certain payments to be disregarded
- 41Disregards for individuals aged 60 or over
- 42Discretion to disregard interim payments
- 43Discretion to disregard restrained assets
- Part 3: Payment for services
- 44Contributions Repealed
- 45Contributions where more than one certificate in force Repealed
- 46Repayment of excess contributions
- 47Consequences of revocation
- Signature
- Explanatory note