Regulation 20 Assessment of resources: gross annual incomeI1
England and Wales
The Director must deduct the following amounts if they are paid to the individual during the period of calculation—
any financial support paid under an agreement for the care of a foster child;
any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983f5;
any of the following payments—
attendance allowance paid under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act;
disability living allowance paid under section 71 of the 1992 Actf9 or section 71 of the 1992 (Northern Ireland) Act;
constant attendance allowance paid under section 104 of the 1992 Act as an increase to a disablement pension or section 104 of the 1992 (Northern Ireland) Act;
housing benefit paid under section 130 of the 1992 Actf10 or section 129 of the 1992 (Northern Ireland) Act;
council tax benefit paid under section 131 of the 1992 Actf11;
any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;
payments made by or under the Welsh Independent Living Grant;
payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations;
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;
any direct payments made under F5sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under F6section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments), section 57(1) of the 2001 Act, section 17A of the 1989 Act F7, section 8(1) of the 2002 (Northern Ireland) Direct Payments Act F8or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014;
any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002;
any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
any Windrush connected payment F14;
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.
Subject to paragraphs (2B) and (2C), the Director may deduct the following amounts if they are paid to the individual during the period of calculation—
any payment that meets all of the following conditions—
the payment was made to an individual who is a victim of the fire at Grenfell Tower;
the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and
the payment was not made directly to the individual by an individual known personally to the individual;
any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.
In determining whether to deduct an amount for any payment within paragraph (2A)—
subject to sub-paragraph (b), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where the following conditions are met—
the payment was for personal harm or was for a specified purpose; and
the payment was not for a loss of income;
where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—
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
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,
if it is paid to the individual during the period of calculation.
In determining whether to deduct an amount for any payment within paragraph (2A), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where there is a direct link between—
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.
Where an individual making an application for a determination by the Director under section 16 of the Act, has a partner, or a child of the individual, living as a member of their household, paragraph 2 of the Schedule to these Regulations has effect.
Annotations
Textual amendments
- F1
Words in reg. 20(1) substituted (2.12.2013) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 10(a) (with reg. 15)
- F2
Words in reg. 20(1) substituted (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(5)(a) (with reg. 5)
- F3
Word in reg. 20(2)(d)(ii) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 10(b) (with reg. 15)
- F4
Reg. 20(2)(d)(ix)-(xi) 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(4)(a)
- F5
Words in reg. 20(2)(e) 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)
- F6
Words in reg. 20(2)(e) 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
- F7
Words in reg. 20(2)(e) 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. 151(a)
- F8
Words in reg. 20(2)(e) 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. 151(b)
- F9
Word in reg. 20(2)(g) omitted (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(3)(a)
- F10
Words in reg. 20(2)(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(4)(b)
- F11
Reg. 20(2)(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(3)(b)
- F12
Reg. 20(2)(j)(k) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 3(5)
- F13
Word in reg. 20(2)(j) 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(4)(a)
- F14
Reg. 20(2)(l)(m) inserted (10.1.2023) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022 (S.I. 2022/1376), regs. 1(1), 3(4)(b)
- F15
Reg. 20(2)(n)(o) 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(5)(b) (with reg. 5)
- F16
Reg. 20(2A)-(2C) 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(5)(c) (with reg. 5)
Commencement
- I1
Reg. 20 in force at 1.4.2013, see reg. 1
Footnotes
- f1
-
The Independent Living Fund is a discretionary trust established by deed and funded by grants made by the Secretary of State, whose trustees have power to make payments to assist certain severely disabled people to live independently.
- f2
-
The Independent Living (Extension) Fund is a Trust established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part.
- f3
-
The Independent Living (1993) Fund is a Trust established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part.
- f4
-
The Independent Living Fund (2006) is a Trust established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part.
- f5
-
S.I. 1983/686. Article 15 of the Scheme, under which exceptionally severe disablement allowance is payable, was amended by paragraph 4 of Schedule 1 to the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420). Paragraph 4 of Schedule 3 to the Scheme, which sets out the rate at which exceptionally severe disablement allowance is payable was substituted by paragraph 1 of Schedule 1 to the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 (S.I. 2010/283).
- f6
-
Section 68 was repealed by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999 (c.30), but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958).
- f7
-
Section 70 was amended to provide for carer’s allowance by articles 2 and 3 of, and paragraphs 1 and 2 of the Schedule to, the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).
- f8
-
Section 70 was amended to provide for carer’s allowance by article 3 of the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002 S.R. (N.I.) 2002 No 321.
- f9
-
Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.
- f10
-
Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
- f11
-
Section 131 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
- f12
-
S.I. 2006/606, to which there are amendments not relevant to these Regulations.
Notes on Part 3
Textual amendments
- F1
Words in Pt. 3 heading inserted (27.1.2014) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(3), 7 (with reg. 15)