{
  "url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-34",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013/regulation-34.json",
  "legislation": "uksi/2013/471",
  "legislation_title": "The Criminal Legal Aid (Financial Resources) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-financial-resources-regulations-2013",
  "path": "regulation/34",
  "kind": "regulation",
  "number": "34",
  "heading": "Assessment of resources: disposable annual income",
  "text": "(1) Where an individual’s gross annual income, calculated in accordance with regulation 33, exceeds £12,475, the Director must calculate the individual’s disposable annual income in accordance with paragraphs (3) and (4).\n(2) For the purpose of paragraphs (3) and (4), the Director must calculate the gross annual income of an individual as if regulation 33(3) did not apply.\n(3) The Director must deduct the following amounts from the individual’s gross annual income—\n(a) any income with which the individual is restrained from dealing by order of the High Court or Crown Court;\n(b) any amounts due under a contribution order in other criminal proceedings in respect of that individual; and\n(c) the amounts listed in paragraph (4), if such amounts are paid or payable by that individual during the period of calculation.\n(4) The Director must deduct—\n(a) any income tax;\n(b) any estimated contributions under Part 1 of the 1992 Act or the 1992 (Northern Ireland) Act;\n(c) any council tax;\n(d) either—\n(i) 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, less any housing benefit paid under section 130 of the 1992 Act or section 129 of the 1992 (Northern Ireland) Act; or\n(ii) the annual cost of the individual’s living accommodation;\n(e) any child care costs;\n(f) the amount, where reasonable, of any maintenance payments; and\n(g) an amount representing cost of living expenses, being either—\n(i) £5,676; or\n(ii) where the individual has a partner or a child living in the individual’s household, the amount calculated in accordance with paragraph 3A of the Schedule to these Regulations.\n(5) For the purpose of paragraph (4)(d), where an individual resides in more than one dwelling, the Director must decide which dwelling is the main dwelling.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pts. 4, 5 inserted (27.1.2014) by The Criminal Legal Aid (Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2791), regs. 1(3), 13 (with reg. 15)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/471/regulation/34",
    "retrieved_at": "2026-10-29T01:02:29.414613+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}