TNAG-0684-FCO40-833-Representations-about-Mr-Christopher-Clements-facing-murder--1977 — Page 79

[Subsidiary] Computing disposable income.

L.N. 167/73.

Third Schedule.

Husband and wife.

Infants.

Director to determine capital and income.

CAP. 91] Legal Aid (Assessment of Contributions)

Regulations

[1973 Ed.

5. (1) Subject to the provisions of paragraph (3), there shall be included in the computation of the disposable income of a person seeking or receiving legal assistance the total income from all sources which he may reasonably expect to receive during the period of computation.

(2) The period of computation shall be the period of twelve months next after the date of application for legal assistance, or such other period of twelve months as the Director may consider appropriate in the particular circumstances of any case.

(3) In computing the disposable income of a person seeking or receiving legal aid the following provisions shall apply——

(a) subject to sub-paragraph (b), the amount of rent and rates payable in respect of his dwelling-house shall not be taken into account;

(b) where the amount referred to in sub-paragraph (a) is in excess of fifty per cent of the person's total income from all sources, the excess amount shall be taken into account unless the Director is satisfied that it is reasonable, in the particular circumstances of any case, that—

(i) the whole of the excess amount; or

(ii) such part thereof as the Director may determine, should not be taken into account;

(c) there shall not be taken into account the amounts per month specified in the Third Schedule in respect of himself and any dependents wholly maintained by him.

(4) For the purposes of paragraph (3)(c), a spouse whose resources are required to be aggregated to the resources of the person seeking or receiving legal aid shall be deemed to be a dependent wholly maintained by him.

6. Any resources of a person's husband or wife shall be treated, for the purposes of these regulations, as that person's resources, unless that person is legally separated from the husband or wife.

7. In the case of an infant who is unmarried and whose guardian is a near relative, as defined in section 8 of the Ordinance, the resources of the guardian and the infant shall be related, for the purpose of these regulations, as the resources of the infant, but in every other case the resources of the infant alone shall be so taken into account.

8. (1) The capital and income of a person and the extent of his liability to contribute in respect of any proceedings shall be determined by the Director.

()