The Community Legal Service (Financial) (Amendment) Regulations 2007

These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2007 and come into force on 9th April 2007.

a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000^f1; and

words and expressions used in these Regulations have the same meaning as in those Regulations.

in paragraph (1)(c), after “under the Children Act 1989” insert “, except appeals against final orders,”;

after paragraph (1)(c) insert—

“(ca)

General Family Help applied for by a parent of a child, or a person with parental responsibility for a child within the meaning of the Children Act 1989, in respect of whom a Local Authority has given notice of potential proceedings under section 31 of that Act.”.

in paragraph (4), for “£2,350” substitute “£2,435”;

in paragraph (5), for “£145” substitute “£205”.

after paragraph (2) insert—

“(2A)

Paragraph (3) does not apply where eligibility is being assessed for Legal Representation in proceedings other than Family Proceedings.”;

in paragraph (3), delete “Except where eligibility is being assessed under regulation 5(6),”.

for paragraph (b) substitute—

“(b)

any direct payments made under the Community Care, Service for Carers and Children’s Services (Direct Payments) (England) Regulations 2003^f1 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004^f2;”;

for paragraph (f) substitute—

“(f)

any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006^f3;”;

for paragraph (g) substitute—

“(g)

to the extent that it exceeds the relevant figure referred to in regulation 20(2)(b), any financial support paid under any agreement for the care of a foster child;”.

for paragraph (1) substitute—

“(1)

Where eligibility is being assessed for —

(a)

Legal Representation, except Legal Representation for an immigration claim before

(i)

the Asylum and Immigration Tribunal; and

(ii)

the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002; and

(b)

General Family Help,

paragraphs (2) to (4) apply.”;

in paragraph (5) for “other than under regulation 5(6)” substitute “for other levels of service”.

delete sub-paragraph (a);

in sub-paragraph (c) and the table following that sub-paragraph, for “279” substitute “289”.

for paragraph (2) substitute—

“(2)

Subject to regulation 4(2), where—

(a)

eligibility is being assessed for—

(i)

Legal Representation except Legal Representation before —

(aa)

the Asylum and Immigration Tribunal; and

(bb)

the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002;

(ii)

General Family Help; or

(iii)

such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act; and

(b)

his monthly disposable income exceeds £289,

a client shall make the following contributions;

(i)

one quarter of any such income between £285 and £426;

(ii)

one third of any such income between £427 and £565; and

(iii)

one half of any remaining disposable income.”;

after paragraph (2) insert—

“(2A)

Subject to regulation 4(2), where—

(a)

eligibility is being assessed for—

(i)

Legal Representation other than Legal Representation in respect of an asylum claim before—

(aa)

the Asylum and Immigration Tribunal; and

(bb)

the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002;

(ii)

General Family Help;

(iii)

such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act; and

(b)

his disposable capital exceeds £3,000,

a client shall make a contribution of the lesser of the excess and the sum which the assessing authority considers to be the likely maximum cost of the funded services.”;

in paragraph (3), delete “(a)”;

in paragraph (4), for “(2)(b)” substitute “(2A)”;

in paragraph (5), for “under regulation 5(5) or 5(6)” substitute “for Legal Representation or General Family Help”.

after sub-paragraph (a) insert—

“(aa)

any sum or sums ordered to be paid under sections 25B(4) or 25C of the Matrimonial Causes Act 1973^f1;”;

delete sub-paragraph (f).