Assessment by representation authority5
1
The representation authority must assess whether the financial resources of the individual are such that he is eligible to be granted a representation order in accordance with this regulation and regulations 7 to 10.
2
The representation authority must treat an individual who at the date of the application is under the age of 16 or who is under the age of 18 and in full-time education as financially eligible for a representation order, and paragraphs (3) to (5) of this regulation and regulations 7 to 14 do not apply in such a case.
3
Where the representation authority is satisfied that the individual is directly or indirectly in receipt of a qualifying benefit, it must take his gross annual income as not exceeding the sum specified for the time being in regulation 9(2).
4
The following are qualifying benefits for the purposes of paragraph (3)—
a
income support;
b
income-based jobseeker’s allowance;
c
guarantee credit under section 1(3)(a) of the State Pension Credit Act 200212.
5
Except where paragraph (2) or (3) applies, the representation authority must calculate the gross annual income and, if applicable, the annual disposable income of the individual in accordance with regulations 7 to 10.