# The Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009 S.I. 2009/212 · made 8 February 2009 Under Schedule 3 to the Access to Justice Act 1999 the authority responsible for granting rights to publicly funded representation for criminal cases may make an information request to the Secretary of State for information about an individual who has applied for representation, to facilitate the making of decisions about financial eligibility. The information may include information about the individual’s benefit status. These Regulations prescribe the relevant benefits and permit the authority to seek information about the amount of any prescribed benefits being received. Made under: Access to Justice Act 1999 (Section 26, Schedule 3 paragraph 8) PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-information-requests-prescribed-benefits-regulations-2009/pdf/uksi_20090212_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-information-requests-prescribed-benefits-regulations-2009/pdf/uksiem_20090212_en.pdf ## Introductory text Legal Services Commission, England And Wales Made 8th February 2009 Laid before Parliament 9th February 2009 Coming into force 2nd March 2009 The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 26 of and paragraph 8(2) of Schedule 3 to the Access to Justice Act 1999. ## 1 Citation, commencement, interpretation and relevant authority (1) These Regulations may be cited as the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009 and come into force on 2nd March 2009. (2) In these Regulations— (a) “the 1992 Act” means the Social Security Contributions and Benefits Act 1992; (b) “the 1999 Act” means the Access to Justice Act 1999; (c) “the 2006 Regulations” means the Criminal Defence Service (Financial Eligibility) Regulations 2006; (d) “disregarded benefit” means a benefit excluded from the calculation of gross annual income as defined in regulation 2 of the 2006 Regulations; (e) “Independent Living Funds” has the same meaning as in the 2006 Regulations; (f) “qualifying benefit” means a benefit for the purposes of regulation 5(3) of the 2006 Regulations. (3) The Legal Services Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the 1999 Act, has delegated its functions under paragraph 2A of Schedule 3 to the 1999 Act is the relevant authority for the purposes of paragraph 6 of Schedule 3 to the 1999 Act and is referred to in these Regulations as “the relevant authority”. ## 2 Prescribed benefits The benefits prescribed for the purposes of paragraph 6(2)(e) of Schedule 3 to the 1999 Act are those listed in the Table in this regulation. Prescribed benefits Qualifying benefit Payable under Provision Income support The 1992 Act Section 124 Income-based jobseeker’s allowance Jobseekers Act 1995 Part I Guarantee credit State Pension Credit Act 2002 Section 1(3)(a) Income-related employment and support allowance Welfare Reform Act 2007 Section 1(2)(b) Disregarded benefit Payable under Provision Attendance allowance The 1992 Act Section 64 Severe disablement allowance The 1992 Act Section 68 Carer’s allowance The 1992 Act Section 70 Disability living allowance The 1992 Act Section 71 Constant attendance allowance The 1992 Act Section 104 and paragraphs 4 and 7(2) of Schedule 8 Council tax benefit The 1992 Act Section 131 Any direct payment Regulations under the Health and Social Care Act 2001 Section 57(1) Any direct payment The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 Any exceptionally severe disablement allowance The Personal Injuries (Civilians) Scheme 1983 Any pension The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 Any payments out of the Independent Living Funds Other benefits Payable under Provision Bereavement benefits The 1992 Act Sections 36, 39A and 39B Incapacity benefit The 1992 Act Section 30A Long-term incapacity benefit for widows and widowers The 1992 Act Sections 40 and 41 Industrial injuries benefit The 1992 Act Section 94 Contribution-based jobseeker’s allowance Jobseekers Act 1995 Part I Contribution-based employment and support allowance Welfare Reform Act 2007 Section 1(2)(a) Maternity allowance The 1992 Act Section 35 Statutory maternity pay The 1992 Act Part XII Statutory paternity pay The 1992 Act Part 12ZA Statutory adoption pay The 1992 Act Part 12ZB Category A and Category B retirement pension The 1992 Act Sections 44, 48A, 48B, 48BB and 51 Shared additional pension The 1992 Act Section 55A Widow’s benefit The 1992 Act Sections 37 and 38 Housing benefit The 1992 Act Section 130 Job grant, return to work credit or in-work credit Employment and Training Act 1973 Section 2 ## 3 Prescribed benefits An information request made under paragraph 6 of Schedule 3 to the 1999 Act by the relevant authority may include a request for the disclosure of the amount the individual is receiving by way of any prescribed benefit. ## Signature Signed by authority of the Lord Chancellor Bach Parliamentary Under Secretary of State Ministry of Justice 8th February 2009 ## Explanatory note (This note is not part of the Regulations) Under Schedule 3 to the Access to Justice Act 1999 the authority responsible for granting rights to publicly funded representation for criminal cases may make an information request to the Secretary of State for information about an individual who has applied for representation, to facilitate the making of decisions about financial eligibility. The information may include information about the individual’s benefit status. These Regulations prescribe the relevant benefits and permit the authority to seek information about the amount of any prescribed benefits being received. The impact assessment which was prepared for section 57 of the Criminal Justice and Immigration Act 2008 is applicable to this instrument. It is available at www.justice.gov.uk/publications/criminal-justice-bill.htm and from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ. --- Source: https://www.legislation.gov.uk/uksi/2009/212 (the official version) Page: https://openlegislation.uk/criminal-defence-service-information-requests-prescribed-benefits-regulations-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.