{
  "url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001/schedule-1/paragraph-8",
  "json_url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001/schedule-1/paragraph-8.json",
  "legislation": "uksi/2001/1437",
  "legislation_title": "The Criminal Defence Service (General) (No. 2) Regulations 2001",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-general-no-2-regulations-2001",
  "path": "schedule/1/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "(1) In calculating the disposable income of the person concerned, there shall be left out of account:\n(a) any income tax paid or payable on income treated under the provisions of this Schedule as his income;\n(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;\n(c) the following payments made under the Social Security Contributions and Benefits Act 1992:\n(i) disability living allowance;\n(ii) attendance allowance paid under section 64 or Schedule 8 paragraphs 4 or 7(2);\n(iii) constant attendance allowance paid under section 104 as an increase to a disablement pension; and\n(iv) any payment made out of the social fund; and\n(d) any payment made under the Community Care (Direct Payments) Act 1996.\n(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):\n(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, 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\n(b) in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household:\n(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\n(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.\n(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.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 64(4) was inserted by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1996 c. 30."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1987/1967; the relevant amending instruments are S.I. 1996/2545; 1999/264 and 2555; and 2000/440 and 1993."
    }
  ],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "uksi/2006/2490",
      "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2006"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2013/591",
      "affecting_title": "The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2013/591",
      "affecting_title": "The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2004/1748",
      "affecting_title": "The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2015/643",
      "affecting_title": "The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2015/838",
      "affecting_title": "The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2003/762",
      "affecting_title": "The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003"
    },
    {
      "type": "am",
      "affecting": "uksi/2007/2936",
      "affecting_title": "The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2007"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2013/626",
      "affecting_title": "The Personal Independence Payment (Consequential Amendments) Regulations 2013"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2016/708",
      "affecting_title": "The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016"
    },
    {
      "type": "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/2001/1437/schedule/1/paragraph/8",
    "retrieved_at": "2026-10-29T07:50:46.904947+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."
}