# The Criminal Legal Aid (Contribution Orders) Regulations 2013, Regulation 10: Calculation of gross annual income

Extent: E+W

(1) The Director must—
(a) calculate an individual’s gross annual income; and
(b) where the individual has a partner or a child living in the individual’s household, adjust the individual’s gross annual income in accordance with the Schedule to these Regulations.
(2) An individual’s gross annual income is the individual’s total income during the period of calculation from all sources other than receipt of the following amounts—
(a) any financial support paid under an agreement for the care of a foster child;
(b) any payments paid out of—
(i) the Independent Living Fund;
(ii) the Independent Living (Extension) Fund;
(iii) the Independent Living (1993) Fund; or
(iv) the Independent Living Fund (2006);
(c) any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;
(d) any of the following payments—
(i) attendance allowance paid under section 64 of the Social Security Contributions and Benefits Act 1992 or section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(ii) severe disablement allowance paid under section 68 of the Social Security Contributions and Benefits Act 1992 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(iii) carer’s allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(iv) disability living allowance paid under section 71 of the Social Security Contributions and Benefits Act 1992 or section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(v) constant attendance allowance paid under section 104 of the Social Security Contributions and Benefits Act 1992 as an increase to a disablement pension or section 104 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(vi) any housing benefit paid under section 130 of the Social Security Contributions and Benefits Act 1992 or section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(vii) council tax benefit paid under section 131 of the Social Security Contributions and Benefits Act 1992;
(viii) payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(ix) payments made by or under the Welsh Independent Living Grant;
(x) payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;
(xi) payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;
(e) any direct payments made under sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments), section 57(1) of the Health and Social Care Act 2001 (direct payments), section 17A of the Children Act 1989 (direct payments) , section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002 or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014;
(f) any reasonable living expenses provided for as an exception to a POCA restraint order;
(g) any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
(h) any armed forces independence payment paid under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ...
(i) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012 or Part 5 of the 2015 (Northern Ireland) Order.
(j) any payment made under the Windrush Compensation Scheme; ...
(k) any Windrush connected payment;
(l) a payment made under the Social Security (Additional Payments) Act 2022;
(m) a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022.
(n) any Modern Slavery Victim Care Contract or equivalent payment;
(o) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.
(2A) In calculating an individual’s gross annual income, the Director may, subject to paragraphs (2B) and (2C), disregard the following amounts received during the period of calculation—
(a) any payment that meets all of the following conditions—
(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;
(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and
(iii) the payment was not made directly to the individual by an individual known personally to the individual;
(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.
(2B) In determining whether to disregard an amount for any payment within paragraph (2A)—
(a) subject to sub-paragraph (b), the Director may disregard the whole of an amount received during the period of calculation where the following conditions are met—
(i) the payment was for personal harm or was for a specified purpose; and
(ii) the payment was not for a loss of income;
(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—
(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or
(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the amount,
received during the period of calculation.
(2C) In determining whether to disregard an amount for any payment within paragraph (2A), the Director may disregard the whole of the amount received during the period of calculation where there is a direct link between—
(a) the loss or harm suffered by an individual for which the payment has been made; and
(b) the legal service the individual has applied for or receives under section 16 of the Act.
(3) Where the Director calculates that the individual’s gross annual income, adjusted under paragraph (1)(b) where relevant, exceeds £12,475, the Director must calculate the individual’s disposable annual income in accordance with regulation 11.
(4) Where the Director calculates that the individual’s gross annual income, adjusted under paragraph (1)(b) where relevant, is £12,475 or less—
(a) the individual is not liable to make a payment out of income; and
(b) the Director must notify the individual that the individual is not liable to make a payment out of income but may be liable to make a payment out of capital.
(5) In this regulation and regulation 11 “child” means an individual who is under the age of 18 on the date on which the application for a determination under section 16 of the Act is made.

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Source: https://www.legislation.gov.uk/uksi/2013/483/regulation/10 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-contribution-orders-regulations-2013/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.