Regulation 28 Calculation of disposable specified capitalI1

calculating the amount or value of an individual’s specified capital on the date on which the application for a determination under section 16 of the Act is made; and

except where paragraph (2) applies, deducting £30,000 from the total amount or value.

an individual fails, without reasonable excuse, to comply with a request for documentary evidence in relation to specified capital under regulation 7(3); and

the Director has reasonable grounds to believe that the individual has specified capital of an amount or value equal to, or in excess of, £30,000,

it would be impractical or unreasonable for the Director to include the specified capital; or

F3subject to paragraph (3A), the individual is restrained by order of the High Court or Crown Court from dealing with the specified capital.

any payment made under the Windrush Compensation Scheme; F6...

any Windrush connected paymentF7;

a payment made under the Social Security (Additional Payments) Act 2022;

a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022.

any Modern Slavery Victim Care Contract or equivalent payment;

any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.

any payment that meets all of the following conditions—

any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.

subject to sub-paragraph (b), the Director may disregard the whole of a payment where the following conditions are met—

where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—

the loss or harm suffered by an individual for which the payment has been made; and

the legal service the individual has applied for or receives under section 16 of the Act.

in so far as the specified capital does not consist of money, its value is—

the value of any interest in real property is the amount for which that interest could be sold less the amount of any debt secured by a mortgage or charge on the property; and

where an individual owns an interest in specified capital jointly or in common with any other person (other than the individual’s partner), the Director must treat that resource as being owned in equal shares or, where there is evidence that the resource is not so owned, in such proportion as appears to the Director to be equitable in the light of that evidence.