{
  "url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-11",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-11.json",
  "legislation": "uksi/2013/471",
  "legislation_title": "The Criminal Legal Aid (Financial Resources) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Disposable income: deductions",
  "text": "(1) To calculate the disposable income of an individual in accordance with regulation 6(1), the Director must deduct the amounts specified in paragraphs (2) and (3).\n(2) The amounts are such amounts as were paid or payable by the individual during the period of calculation in respect of—\n(a) any income tax on the individual’s income; and\n(b) any estimated contributions under Part I of the 1992 Act or Part 1 of the 1992 (Northern Ireland) Act.\n(3) The amounts are such amounts as were paid to the individual during the period of calculation in respect of—\n(a) attendance allowance paid under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act;\n(b) disability living allowance paid under section 71 of the 1992 Act or section 71 of the 1992 (Northern Ireland) Act;\n(c) constant attendance allowance paid under section 104 of the 1992 Act as an increase to a disablement pension or under section 104 of the 1992 (Northern Ireland) Act;\n(d) any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;\n(e) so much of any back to work bonus received under section 26 of the 1995 Act as is, by virtue of that section, to be treated as payable by way of a jobseeker’s allowance;\n(f) 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 2001 Act(direct payments), section 17A of the 1989 Act(direct payments) , section 8(1) of the 2002 (Northern Ireland) Direct Payments Act (direct payments) or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments);\n(g) any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002;...\n(h) any personal independence payment paid under Part 4 of the 2012 Act or Part 5 of the 2015 (Northern Ireland) Order ;\n(i) any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011\n(j) payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; ...\n(k) 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;\n(l) any payment made under the Windrush Compensation Scheme; ...\n(m) any Windrush connected payment ;\n(n) a payment made under the Social Security (Additional Payments) Act 2022;\n(o) a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022;\n(p) any Modern Slavery Victim Care Contract or equivalent payment;\n(q) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.\n(4) To calculate the disposable income of an individual in accordance with regulation 6(1), the Director may, subject to paragraphs (5) and (6), deduct the amounts as were paid to the individual during the period of calculation in respect of—\n(a) any payment that meets all of the following conditions—\n(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;\n(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and\n(iii) the payment was not made directly to the individual by an individual known personally to the individual;\n(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.\n(5) In determining whether to deduct an amount for any payment under paragraph (4)—\n(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount as was paid to the individual during the period of calculation where the following conditions are met—\n(i) the payment was for personal harm or was for a specified purpose; and\n(ii) the payment was not for a loss of income;\n(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—\n(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may deduct only the amount of the part which is not for a loss of income; or\n(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may deduct the whole of the amount,\nas was paid to the individual during the period of calculation.\n(6) In calculating the disposable income of an individual in accordance with regulation 6(1), the Director may deduct the whole of the amount as was paid to the individual during the period of calculation in respect of any payment within paragraph (4) where there is a direct link between—\n(a) the loss or harm suffered by an individual for which the payment has been made; and\n(b) the legal service the individual has applied for or receives under section 15 of the Act.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 11(3)(f) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 43 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 11(3)(f) inserted (13.4.2015) by The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I. 2015/838), regs. 1(2), 8"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 11(3)(f) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 150(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 11(3)(f) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 150(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in reg. 11(3)(g) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 50(2)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 11(3)(h) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 6(3)(a)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 11(3)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 50(2)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 11(3)(j)(k) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 6(3)(b)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in reg. 11(3) omitted (20.11.2024) by virtue of The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 (S.I. 2024/1074), regs. 1(1), 3(3)(a)(i) (with reg. 5)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 11(3)(l)(m) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 3(3)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Word in reg. 11(3)(l) omitted (10.1.2023) by virtue of The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022 (S.I. 2022/1376), regs. 1(1), 3(2)(a)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 11(3)(n)(o) inserted (10.1.2023) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022 (S.I. 2022/1376), regs. 1(1), 3(2)(b)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Reg. 11(3)(p)(q) inserted (20.11.2024) by The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 (S.I. 2024/1074), regs. 1(1), 3(3)(a)(ii) (with reg. 5)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Reg. 11(4)-(6) inserted (20.11.2024) by The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 (S.I. 2024/1074), regs. 1(1), 3(3)(b) (with reg. 5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 11 in force at 1.4.2013, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 57 was amended by section 146(1) to (7) of the Health and Social Care Act 2008 (c. 14) and in relation to Wales, by section 16 of the Social Care Charges (Wales) Measure 2010."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15). It was amended by section 39 of, and paragraph 1 and 3 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23); section 160 of, and paragraph 1 of Schedule 14 to, the Health and Social Care Act 2008 (c. 14); sections 47 and 60 of, and paragraph 15 and 17 of Schedule 3 and Schedule 6 to, the Tax Credits Act 2002 (c. 21); and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2002 c. 29."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/471/regulation/11",
    "retrieved_at": "2026-10-29T01:02:29.414613+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."
}