# The Criminal Legal Aid (Financial Resources) Regulations 2013, Regulation 13: Disposable capital: deductions

Extent: E+W

(1) To calculate the disposable capital of an individual in accordance with regulation 6(2), the Director must deduct the following amounts—
(a) the value of the individual’s—
(i) household furniture and effects;
(ii) clothes; and
(iii) tools and implements of the individual’s trade; ...
(b) 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;
(c) any payment made under the Windrush Compensation Scheme; ...
(d) any Windrush connected payment ;
(e) a payment made under the Social Security (Additional Payments) Act 2022;
(f) a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022;
(g) any Modern Slavery Victim Care Contract or equivalent payment;
(h) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.
(1A) To calculate the disposable capital of an individual in accordance with regulation 6(2), the Director may, subject to paragraphs (1B) and (1C), deduct the following amounts—
(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.
(1B) In determining whether to deduct an amount for any payment within paragraph (1A)—
(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount of the payment 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 deduct 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 deduct the whole of the amount of the payment.
(1C) In calculating the disposable capital of an individual in accordance with regulation 6(2), the Director may deduct the whole of the amount of any payment within paragraph (1A) 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 15 of the Act.
(2) To calculate the disposable capital of an individual, in accordance with regulation 6(2) the Director must assess the value of any interest in land as the amount for which that interest could be sold, less the amount of any mortgage debt or hereditable security secured on that land, subject to the following—
(a) the Director must not deduct more than £100,000 in respect of all mortgage debts or hereditable securities;
(b) in making any deduction in accordance with sub-paragraph (a), the Director must deduct any mortgage debt or hereditable security in respect of the main or only dwelling last; and
(c) the Director must disregard the first £100,000 of the value of the individual’s interest (if any) in the main or only dwelling in which the individual resides, after the application of sub-paragraphs (a) and (b).
(3) For the purpose of paragraph (2), where an individual resides in more than one dwelling, the Director must decide which dwelling is the main dwelling.
(4) Paragraph (5) applies where an individual lives with one or more of the following—
(a) a partner whose resources are required to be treated as the resources of the individual in accordance with regulation 9; or
(b) a dependant child or a dependant relative.
(5) The Director must deduct—
(a) £335 in respect of the first of any of the individuals specified in paragraph (4)(a) or (b);
(b) £200 in respect of the second such individual; and
(c) £100 in respect of each further such individual.

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Source: https://www.legislation.gov.uk/uksi/2013/471/regulation/13 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.