Regulation 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^f1;

(b)

“the 1999 Act” means the Access to Justice Act 1999;

(c)

“the 2006 Regulations” means the Criminal Defence Service (Financial Eligibility) Regulations 2006^f2;

(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”.

Annotations

Footnotes

f1: 1992 c. 4. Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18), and is prospectively repealed by section 67 of, paragraph 9(1) and (5) of Schedule 3 to, and Schedule 8 to, the Welfare Reform Act 2007 (c. 5). Sections 39A and 39 B were inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c. 30). Sections 48A and 48B were inserted by section 126 of, and paragraph 3(1) of Schedule 4 to, the Pensions Act 1995 (c. 26). Section 48BB was inserted by section 56 of the Welfare Reform and Pensions Act 1999. Section 55A was inserted by section 50(1) of, and paragraphs 1 and 3 of Schedule 6 to, the Welfare Reform and Pensions Act 1999. Parts 12ZA and 12ZB were inserted by sections 2 and 4 respectively of the Employment Act 2002 (c. 22).
f2: S.I. 2006/2492, amended by S.I. 2007/777, 2007/2937 and 2008/723.