Paragraph 1 InterpretationI1

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,

  and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006^f1;

• “child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991^f2;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002^f3;

• “disposable capital” has the meaning given in paragraph 5;

• “excluded benefits” means any of the following—

  1. (c)

     any of the following benefits payable under the Social Security Contributions and Benefits Act 1992^f4 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f5—

     1. (i)

        attendance allowance under section 64;

     2. (ii)

        severe disablement allowance;

     3. (iii)

        carer’s allowance;

     4. (iv)

        disability living allowance;

     5. (v)

        constant attendance allowance under section 104 as an increase to a disablement pension;

     6. (vi)

        any payment made out of the social fund;

     7. (vii)

        housing benefit;

     8. (viii)

        widowed parents allowance;

  2. (d)

     any of the following benefit 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 of the child tax credit;

  3. (e)

     any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009^f6, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011^f7, the Carers and Direct Payments Act (Northern Ireland) 2002^f8, or section 12B(1) of the Social Work (Scotland) Act 1968^f9;

  4. (f)

     a back to work bonus payable under section 26 of the Jobseekers Act 1995^f10, or article 28 of the Jobseekers (Northern Ireland) Order 1995^f11;

  5. (g)

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983^f12;

  6. (h)

     any payments from the Industrial Injuries Disablement Benefit;

  7. (i)

     any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006^f13;

  8. (j)

     any payment made from the Independent Living Funds;

  9. (k)

     any payment made from the Bereavement Allowance;

  10. (l)

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

  11. (m)

      any housing credit element of pension credit;

  12. (n)

      any armed forces independence payment;

  13. (o)

      any personal independence payment payable under the Welfare Reform Act 2012^f14;

  14. (p)

      any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013^f15;

  15. (q)

      any of the following amounts, as defined by the Universal Credit Regulations 2013^f16, 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.

• “family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013^f17;

• “family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “gross monthly income” has the meaning given in paragraph 13;

• “Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013^f18;

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

• “maintenance agreement” has the meaning given in subsection 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(1A) of the Senior Courts Act 1981^f19;

  2. (b)

     an order under section 33 of the Employment Tribunals Act 1996^f20;

  3. (c)

     a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998^f21, or a practice direction made under that rule; or

  4. (d)

     a civil restraint order under rule 4.8 of the Family Procedure Rules 2010^f22, or the practice direction referred to in that rule.

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 shall be construed accordingly.