# The Criminal Legal Aid (Financial Resources) Regulations 2013, Regulation 33: Assessment of resources: gross annual income


(1) 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 paragraphs (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;
(ii) the Independent Living (Extension) Fund;
(iii) the Independent Living (1993) Fund; or
(iv) the Independent Living Fund (2006);
(c) any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;
(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 or section 68 of the 1992 (Northern Ireland) Act;
(iii) carer’s allowance paid under section 70 of the 1992 Act or section 70 of the 1992 (Northern Ireland) Act;
(iv) disability living allowance paid under section 71 of the 1992 Act or section 71 of the 1992 (Northern Ireland) Act;
(v) constant attendance allowance paid as an increase to a disablement pension under section 104 of the 1992 Act or under section 104 of the 1992 (Northern Ireland) Act;
(vi) housing benefit paid under section 130 of the 1992 Act or section 129 of the 1992 (Northern Ireland) Act;
(vii) council tax benefit paid under section 131 of the 1992 Act;
(viii) any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;
(e) 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, section 17A of the 1989 Act , section 8(1) of the 2002 (Northern Ireland) Direct Payments Act or 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;
(h) any armed forces independence payment paid under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; and
(i) any personal independence payment paid under Part 4 of the 2012 Act;
(j) any payment made under the Windrush Compensation Scheme; ...
(k) any Windrush connected payment ;
(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;
(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.
(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) When an individual who makes an application for a determination by the Director under section 16 of the Act, has a partner, or a child of that individual, living as a member of their household, paragraph 2A of the Schedule to these Regulations has effect.

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Source: https://www.legislation.gov.uk/uksi/2013/471/regulation/33 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.