Regulation 5: Exceptions to the statutory charge

The Civil Legal Aid (Statutory Charge) Regulations 2013 · S.I. 2013/503View on legislation.gov.uk

Part 2: OPERATION OF THE STATUTORY CHARGE

The statutory charge does not apply to the following property recovered or preserved by a legally aided party in relevant proceedings, or in any compromise or settlement of a relevant dispute,—

any periodical payment of maintenance;
any sum or sums ordered to be paid under—
section 25B(4) (pensions) or 25C (pensions: lump sums) of the Matrimonial Causes Act 1973 ;
section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 (interim orders);
Part 4 of the Family Law Act 1996 (family homes and domestic violence); or
paragraph 25(2) or 26 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a County Court etc.);
half of any redundancy payment within the meaning of Part 11 of the Employment Rights Act 1996 (redundancy payments etc.); or
any sum, payment or benefit which by virtue of any provision of, or made under, an Act of Parliament cannot be assigned or charged.

The statutory charge does not apply to—

a legally aided party's clothes or household furniture; or
the implements of a legally aided party's trade,

except where the Lord Chancellor considers that there are exceptional circumstances, having regard in particular to the value or quantity of the items concerned.

Where, by virtue of regulation 7, the statutory charge is in favour of a provider, it does not apply to a legally aided party's main or only dwelling.

Paragraphs (2) and (3) do not apply where the legally aided party is a legal person.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.