{
  "url": "https://openlegislation.uk/criminal-defence-service-financial-eligibility-regulations-2006/regulation-5",
  "json_url": "https://openlegislation.uk/criminal-defence-service-financial-eligibility-regulations-2006/regulation-5.json",
  "legislation": "uksi/2006/2492",
  "legislation_title": "The Criminal Defence Service (Financial Eligibility) Regulations 2006",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-financial-eligibility-regulations-2006",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Assessment by representation authority",
  "text": "(1) The representation authority must assess whether the financial resources of the individual are such that he is eligible to be granted a representation order in accordance with this regulation and regulations 7 to 10.\n(2) The representation authority must treat an individual who at the date of the application is under the age of 16 or who is under the age of 18 and in full-time education as financially eligible for a representation order, and paragraphs (3) to (5) of this regulation and regulations 7 to 14 do not apply in such a case.\n(3) Where the representation authority is satisfied that the individual is directly or indirectly in receipt of a qualifying benefit, it must take his gross annual income as not exceeding the sum specified for the time being in regulation 9(2).\n(4) The following are qualifying benefits for the purposes of paragraph (3)—\n(a) income support;\n(b) income-based jobseeker’s allowance;\n(c) guarantee credit under section 1(3)(a) of the State Pension Credit Act 2002.\n(5) Except where paragraph (2) or (3) applies, the representation authority must calculate the gross annual income and, if applicable, the annual disposable income of the individual in accordance with regulations 7 to 10.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2002 c.16."
    }
  ],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "uksi/2007/2937",
      "affecting_title": "The Criminal Defence Service (Financial Eligibility) (Amendment No. 2) Regulations 2007"
    },
    {
      "type": "added",
      "affecting": "uksi/2008/1879",
      "affecting_title": "The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2013/630",
      "affecting_title": "The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013"
    },
    {
      "type": "am",
      "affecting": "uksi/2009/2878",
      "affecting_title": "The Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2016/708",
      "affecting_title": "The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2492/regulation/5",
    "retrieved_at": "2026-10-29T04:22:03.298288+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}