Regulation 21 Assessment of resources: annual disposable incomeI1
England and Wales
Where an individual’s gross annual income, calculated in accordance with regulation 20, is more than £12,475 and less than £22,325, the Director must calculate the individual’s annual disposable income in accordance with paragraphs F1(2) to (3A).
For the purpose of F2paragraphs (3) and (3A), the Director must calculate the gross annual income of an individual as if regulation 20(3) did not apply.
The Director must deduct the following amounts from the individual’s gross annual income if they are paid or payable by the individual during the period of calculation—
any income tax;
any estimated contributions under Part 1 of the 1992 Act or the 1992 (Northern Ireland) Act;
any council tax;
either—
any annual rent or annual payment (whether of interest or capital) in respect of a mortgage debt or hereditable security, in respect of the individual’s only or main dwelling F3less any housing benefit paid under section 130 of the Social Security Contributions and Benefits Act 1992 or section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or
the annual cost of the individual’s living accommodation;
any child care costs;
the amount of any maintenance payment, provided that the Director considers such amount to be reasonable;
an amount representing cost of living expenses, being either—
£5,676; or
if the individual has a partner, or a child of the individual, living as a member of their household, the amount calculated in accordance with paragraph 3 of the Schedule to these Regulations.
The Director must deduct from the individual’s gross annual income any income with which the individual is restrained from dealing by order of the High Court or Crown Court.
For the purpose of paragraph (3)(d), where an individual resides in more than one dwelling, the Director must decide which dwelling is the main dwelling.
Annotations
Textual amendments
- F1
Words in reg. 21(1) substituted (2.12.2013) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 12(a) (with reg. 15)
- F2
Words in reg. 21(2) substituted (2.12.2013) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 12(b) (with reg. 15)
- F3
Words in reg. 21(3)(d)(i) inserted (2.12.2013) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 11 (with reg. 15)
- F4
Reg. 21(3A) inserted (2.12.2013) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(2), 12(c) (with reg. 15)
Commencement
- I1
Reg. 21 in force at 1.4.2013, see reg. 1
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)