Paragraph 7

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch 1 am by Criminal Defence Service (General) 2006 reg 9
Sch. 1 para. 8(1) word omitted by Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) 2013 Sch. para. 19(2)(a)
Sch. 1 para. 8(1)(e) and word inserted by Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) 2013 Sch. para. 19(2)(b)
Sch. 1 para. 8(1)(d) words inserted by Community Care, Services for Carers and Children’s Services (Direct Payments) 2004 Sch. 2 para. 1
Sch. 1 para. 8(1)(d) words inserted by Care Act 2014 (Secondary Legislation) 2015 Sch. para. 17
Sch. 1 para. 8(1)(d) words inserted by Legal Aid, Community Legal Service and Criminal Defence Service 2015 reg. 3
Sch. 1 para. 8(1)(d) words inserted by Community Care, Services for Carers and Children’s Services (Direct Payments) 2003 reg. 11(1) Sch. 1
sch 1 am by Criminal Defence Service (General) 2007 reg 13
Sch. 1 para. 8(1)(f) inserted by Personal Independence Payment 2013 reg. 3(2)
Sch. 1 para. 8(1)(f) words inserted by Civil and Criminal Legal Aid (Financial Eligibility and Contributions) 2016 reg. 3(3)(a)
Sch. 1 para. 8(1)(g)(h) inserted by Civil and Criminal Legal Aid (Financial Eligibility and Contributions) 2016 reg. 3(3)(b)

In calculating the capital of the person concerned:

(a)

there shall be left out of account the value of his household furniture and effects, of his clothes and of tools and implements of his trade;

(b)

the value of any interest in land shall be taken to be the amount for which that interest could be sold less the amount of any mortgage debt or hereditable security, subject to the following:

(i)

in calculating the value of his interests, the total amount to be deducted in respect of all mortgage debts or hereditable securities shall not exceed £100,000;

(ii)

in making the deductions in sub-paragraph (i), any mortgage debt or hereditable security in respect of the main or only dwelling shall be deducted last; and

(iii)

the first £100,000 of the value of his interest (if any) in the main or only dwelling in which he resides, after the application of sub-paragraphs (i) and (ii), shall be disregarded;

(c)

where the person concerned resides in more than one dwelling, the supplier shall decide which is the main dwelling; and

(d)

where the person concerned has living with him one or more of the following persons, namely, a partner whose resources are required to be aggregated with his, a dependent child or a dependent relative wholly or substantially maintained by him, a deduction shall be made of £335 in respect of the first person, £200 in respect of the second and £100 in respect of each further person.