In calculating the disposable capital of the individual, there must be disregarded—
so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;
any—
payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or
arrears of payments made under the Community Care (Direct Payments) Act 1996 or sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments) , section 57 of the Health and Social Care Act 2001 or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments); or
payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; ...
any payment made out of the Independent Living Fund 2006 or by or under the Welsh Independent Living Grant;
any payment made under the Windrush Compensation Scheme; ...
any Windrush connected payment.
any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, a Relevant Infected Blood Support Scheme, the Infected Blood Interim Compensation Payment Scheme, the Infected Blood Further Interim Compensation Payment Scheme, the Infected Blood Compensation Scheme, or arrangements made by the Secretary of State or the Minister for the Cabinet Office under section 56(1) of the Victims and Prisoners Act 2024;
any payment made under the Vaccine Damage Payments Act 1979; ...
any payment by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions ;
a payment made under the Social Security (Additional Payments) Act 2022;
a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022;
any payment for historical child abuse;
any Modern Slavery Victim Care Contract or equivalent payment;
any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988;
any payment of arrears for—
a benefit, allowance, payment, credit, or pension, under a social security enactment; or
child maintenance,
received by an individual at any time within the period of two years ending with the date on which the individual’s application for a determination in respect of civil legal services is made.
In calculating the disposable capital of the individual, the Director may , subject to paragraphs (2B) and (2C), disregard any payment that meets all of the following conditions—
the payment was made to an individual who is a victim of the fire at Grenfell Tower;
the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower, and
the payment was not made directly to the individual by an individual known personally to the individual.
In calculating the disposable capital of the individual, the Director may , subject to paragraphs (2B) and (2C), disregard the following payments—
any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; ...
any award of compensation under a Criminal Injuries Compensation Scheme;
any payment of arrears for—
a benefit, allowance, payment, credit, or pension, under a social security enactment; or
child maintenance,
received by an individual on a date falling more than two years before the date on which the individual’s application for a determination in respect of civil legal services is made;
any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.
In determining whether to disregard any payment falling within paragraphs (2) and (2A)—
subject to sub-paragraph (b), the Director may disregard the whole of a payment where the following conditions are met—
the payment was for personal harm or was for a specified purpose; and
the payment was not for a loss of income;
where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—
where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or
where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the payment.
In determining whether to disregard any payment falling within paragraphs (2) and (2A), the Director may disregard the whole of a payment where there is a direct link between—
the loss or harm suffered by an individual for which the payment has been made; and
the civil legal service the individual has applied for or receives.
In calculating the disposable capital of the individual—
subject to sub-paragraph (b), the Director may disregard the whole of a payment where the following conditions are met—
the payment was for personal harm or was for a specified purpose; and
the payment was not for a loss of income;
where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—
where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or
where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the payment.
In calculating the disposable capital of the individual, the Director may disregard the whole of a payment where there is a direct link between—
the loss or harm suffered by an individual for which the payment has been made; and
the civil legal service the individual has applied for or receives.
In—
paragraphs (2B) and (2D), “loss of income”; “personal harm”; and “specified purpose” have the same meanings as in regulation 24(3F)(a);
paragraphs (2D) and (2E), “payment” has the same meaning as in regulation 24(3F)(b).
In this regulation—
“child maintenance” means regular payments an individual receives or is entitled to receive for the maintenance of a child who is a member of that individual’s household;
“fire at Grenfell Tower”; “Grenfell Tower”; and “victim of the fire at Grenfell Tower” have the same meanings as in regulation 24(4).