Criminal A&A: Assessing eligibility on income

Disposable income
£245 a week maximum for eligibility

“Income” means the total income, from all sources, which the client and their partner received or became entitled to during or in respect of the seven days up to and including the date of the application.

A person whose disposable income exceeds the income limit of £245 a week is not eligible for advice and assistance, whatever their disposable capital, unless they receive a passport benefit (Income Support, an income-related employment and support allowance, income-based jobseeker’s allowance or Universal Credit).

Calculating eligibility on income

To calculate eligibility on income, you should:

  • check if your client receives a passport benefit (see below)
  • calculate your client’s net weekly income
  • deduct from the net weekly income the standard allowances
  • calculate if they qualify and if they have to pay a contribution.

When calculating monthly income, multiply it by 12 and then divide by 52 to work out the weekly figure.

Passport benefits – automatically eligible on income

If the client or their partner receives a passport benefit:

  • Income Support
  • an income-related employment and support allowance
  • income-based jobseeker’s allowance
  • Universal Credit

they qualify automatically on income for advice and assistance and will not have to pay a contribution. However, you must still assess your client’s disposable capital.

We will verify a client’s receipt of one of the passporting benefits named above with the Department of Work and Pensions (DWP). To assist us in doing so, we have provided some information about what is required.

Applicant’s names

  • do not provide two surnames like “Smith or Jones”. Our automatic link with the DWP will not be able to confirm the benefits where two names are provided
  • check the spelling of the name, for example McDonald or MacDonald. The DWP automatic link will not confirm passport benefits where the name is spelt incorrectly
  • if benefits are claimed in the name of the applicant’s partner, we need the partner’s forename, surname, date of birth and National Insurance number for the DWP check.

Other benefits and the DWP link

Our link with the DWP only checks the position with passport benefits. We are not able to check cases where the applicant is not in receipt of a passport benefit. You should obtain verification of non-passport benefits.

Always make sure that passport benefits are entered in the correct place to allow the automatic link to check these with the DWP. Do not enter these benefits as non-passport benefits as this will not be checked with the DWP.  If this is entered incorrectly then we will ask you to confirm what verification you have seen.

Calculating net weekly income

You must include:

  • earnings (including any tips), drawings or profits from business
  • maintenance payments (not paid in terms of the Child Support Act 1991)
  • private or employee pensions
  • occupational sick pay
  • occupational maternity pay
  • student grants or bursaries (but do not include student loans)
  • National Asylum Support Service (NASS) payments
  • money received from friends and relatives (other than loans)
  • income from savings and investments
  • dividends from shares.
  • rental income from other properties.

Disregarded Benefits

Various benefits which the client may receive are disregarded in the financial assessment.
You should not include any of the following payments:

  • Adult disability payments and short term assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022
  • Armed forces independence payments under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
  • Back to work bonus (payable under the Jobseekers Act 1995)
  • Carer’s Allowance Supplement under section 81 of the Social Security (Scotland) Act 2018
  • Care Experienced Student Bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022
  • Carer Support Payments
  • Child disability payments and short term assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021
  • Child maintenance bonus
  • Child support maintenance (paid through the Child Maintenance Service)
  • Community Care (Direct Payments) Act 1996 payments or any direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013
  • Cost of living crisis payments via the Social Security (Additional Payments) Act 2023 and Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023
  • Employment and Support Allowance – Contributory
  • Grenfell Tower compensation scheme payments
  • Human trafficking or exploitation victim payments (payments made in terms of s.9 of the Human Trafficking and Exploitation (Scotland) Act 2015, regulations made under s.10 of that Act or by way of support provided under a Modern Slavery Victim Care Contract)
  • Infected Blood Compensation Scheme payments (UK scheme)
  • Jobseeker’s Allowance – contribution-based
  • Miscarriage of justice payments
  • Pension age disability payment and short term-assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024
  • Personal Independence Payments under Part 4 of the Welfare Reform Act 2012
  • Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 payments (financial redress for historical child abuse), or any relevant payments made or due to be made prior to the date of commencement of the redress scheme
  • Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025
  • Short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations
  • Scottish Child Payments
  • Scottish Infected Blood Support Scheme payments
  • Severe Disablement Allowance
  • Social Security (Additional Payments) Act 2022 (cost of living)
  • Social Security Contributions and Benefits Act 1992 (except statutory sick pay) including:
    • Adoption pay
    • Attendance allowance
    • Bereavement allowance
    • Bereavement payment
    • Child benefit
    • Christmas Bonus for pensioners
    • Council tax benefit
    • Disability living allowance
    • Guardian’s allowance
    • Housing benefit
    • Incapacity benefit
    • Industrial injuries disablement benefit including Exceptionally Severe Disablement Allowance and Constant Attendance Allowance
    • Invalid care allowance (carer’s allowance)
    • Statutory maternity pay (non-occupational)
    • Statutory shared parental pay (non-occupational)
    • Widowed parent’s allowance
  • State Pension Credit under the State Pension Credit Act 2002
  • State retirement pension
  • Tax Credits under the Tax Credits Act 2002
  • Universal Credit
  • Victoria Cross or George Cross payments
  • War widow’s and widower’s pension, and war disablement pension
  • Welfare Fund payments
  • Windrush Compensation Scheme payments
  • Windrush connected payments – any other payments made.
  • Winter fuel payments paid by virtue of the Social Fund Winter Fuel Payments (Temporary Increase) Regulations 2022 (cost of living).

Allowances

Do not make an allowance for any child for whom Foster care or Kinship care allowance is paid.

You should deduct the following standard allowances from income:

Partner living with the applicant. £54.60
Any dependant person, adult (other than partner) or Child, who is wholly or substantially maintained, being a member of the applicant’s household. Do not make an allowance for any child for whom Foster care or Kinship care allowance is paid. £87.88

Deduct the actual maintenance paid for the last seven days, not the standard allowance, if:

  • the applicant and partner are living apart
  • the applicant is paying maintenance for a dependant who is not part of the household.

Clients’ contributions

Disposable income range Maximum contribution
Disposable income not exceeding £105 a week £0
Exceeding £105 but not exceeding £112 a week £7
Exceeding £112 but not exceeding £119 a week £14
Exceeding £119 but not exceeding £126 a week £21
Exceeding £126 but not exceeding £133 a week £28
Exceeding £133 but not exceeding £140 a week £35
Exceeding £140 but not exceeding £147 a week £42
Exceeding £147 but not exceeding £154 a week £49
Exceeding £154 but not exceeding £161 a week £56
Exceeding £161 but not exceeding £168 a week £63
Exceeding £168 but not exceeding £175 a week £70
Exceeding £175 but not exceeding £182 a week £77
Exceeding £182 but not exceeding £189 a week £84
Exceeding £189 but not exceeding £196 a week £91
Exceeding £196 but not exceeding £203 a week £98
Exceeding £203 but not exceeding £210 a week £105
Exceeding £210 but not exceeding £217 a week £112
Exceeding £217 but not exceeding £224 a week £119
Exceeding £224 but not exceeding £231 a week £126
Exceeding £231 but not exceeding £245 a week £135