Paragraph 8

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)

(1)

In calculating the disposable income of the person concerned, there shall be left out of account:

(a)

any income tax paid or payable on income treated under the provisions of this Schedule as his income;

(b)

any contributions estimated to have been paid under Part I of the Social Security Contributions and Benefits Act 1992 during or in respect of the seven days up to and including the date of the application for advice and assistance;

(c)

the following payments made under the Social Security Contributions and Benefits Act 1992:

(i)

disability living allowance;

(ii)

attendance allowance paid under section 64^f1 or Schedule 8 paragraphs 4 or 7(2);

(iii)

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

(iv)

any payment made out of the social fund; and

(d)

any payment made under the Community Care (Direct Payments) Act 1996^f2.

(2)

Subject to sub-paragraph (3), in calculating the disposable income of the person concerned there shall be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation):

(a)

in respect of the maintenance of his partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(c) of Schedule 2 to the Income Support (General) Regulations 1987^f3, and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of that Schedule); and

(b)

in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household:

(i)

in the case of a dependant child or a dependant relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in paragraph 2(1) of the Schedule referred to in sub-paragraph (a); and

(ii)

in the case of a dependant child or a dependant relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in paragraph 2(1) of that Schedule.

(3)

The supplier may reduce any rate provided by virtue of paragraph (2) by taking into account the income and other resources of the dependant child or dependant relative to such extent as appears to him to be equitable.

(4)

In ascertaining whether a child is a dependant child or whether a person is a dependant relative for the purposes of this paragraph, regard shall be had to their income and other resources.

Annotations

Footnotes

f1: Section 64(4) was inserted by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30).
f2: 1996 c. 30.
f3: S.I. 1987/1967; the relevant amending instruments are S.I. 1996/2545; 1999/264 and 2555; and 2000/440 and 1993.