Regulation 20 Assessment of resources: gross annual incomeI1

England and Wales

(1)

Subject to regulations F122 and 23, the gross annual income of an individual under this Part is that individual’s total income from all sources during the period of calculation after the Director has deducted any amount in accordance with F2paragraphs (2) to (2C).

(2)

The Director must deduct the following amounts if they are paid to the individual during the period of calculation—

(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^f1;

(ii)

the Independent Living (Extension) Fund^f2;

(iii)

the Independent Living (1993) Fund^f3; or

(iv)

the Independent Living Fund (2006)^f4;

(c)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983^f5;

(d)

any of the following payments—

(i)

attendance allowance paid under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act;

(ii)

severe disablement allowance paid under section 68 of the 1992 Act^f6 or section 68 of the 1992 (Northern Ireland) Act F3...;

(iii)

carer’s allowance paid under section 70 of the 1992 Act^f7 or section 70 of the 1992 (Northern Ireland) Act ^f8;

(iv)

disability living allowance paid under section 71 of the 1992 Act^f9 or section 71 of the 1992 (Northern Ireland) Act;

(v)

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;

(vi)

housing benefit paid under section 130 of the 1992 Act^f10 or section 129 of the 1992 (Northern Ireland) Act;

(vii)

council tax benefit paid under section 131 of the 1992 Act^f11;

(viii)

any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;

F4(ix)

payments made by or under the Welsh Independent Living Grant;

(x)

payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations;

(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 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;

(f)

any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002;

(g)

any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006^f12; F9...

(h)

any personal independence payment paid under Part 4 of the 2012 Act F10or Part 5 of the 2015 (Northern Ireland) Order F11;

(i)

any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

F12(j)

any payment made under the Windrush Compensation Scheme; F13...

(k)

any Windrush connected payment F14;

(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;

F15(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.

F16(2A)

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—

(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 deduct an amount for any payment within paragraph (2A)—

(a)

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—

(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,

if it is paid to the individual during the period of calculation.

(2C)

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—

(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 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)