Regulation 2 InterpretationI1

In these Regulations—

• “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• “the 1989 Act” means the Children Act 1989^f1;

• “the 1992 Act” means the Social Security Contributions and Benefits Act 1992^f2;

• “the 1992 (Northern Ireland) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f3;

• “the 1995 Act” means the Jobseekers Act 1995^f4;

• “the 1995 (Northern Ireland) Order” means the Jobseekers (Northern Ireland) Order 1995^f5;

• “the 2001 Act” means the Health and Social Care Act 2001^f6;

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• “the 2002 (Northern Ireland) Act” means the State Pension Credit Act (Northern Ireland) 2002^f7;

• “the 2002 (Northern Ireland) Direct Payments Act” means Carers and Direct Payments Act (Northern Ireland) 2002^f8;

• “the 2007 Act” means the Welfare Reform Act 2007^f9;

• “the 2007 (Northern Ireland) Act” means the Welfare Reform Act (Northern Ireland) 2007^f10

• “the 2012 Act” means the Welfare Reform Act 2012^f11;

• F2“the 2013 Regulations” means the Social Security (Payments on Account of Benefit) Regulations 2013;

• “the 2015 (Northern Ireland) Order” means the Welfare Reform (Northern Ireland) Order 2015;

• “the 2016 (Northern Ireland) Regulations” means the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;

• “child” means, unless different provision is made, an individual who is under the age of 18 on the date on which an application is made for a determination under section 15 of the Act (advice and assistance for criminal proceedings) or section 16 of the Act (representation for criminal proceedings);

• F3“child care costs” means the costs of care, other than excluded costs, provided by one or more of the following—

  1. (a)

     a school on school premises, out of school hours;

  2. (b)

     a local authority, out of school hours—

     1. (i)

        for a child who is not disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 15th birthday; or

     2. (ii)

        for a child who is disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 16th birthday;

  3. (c)

     a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999;

  4. (d)

     persons registered under Part 3 of the Childcare Act 2006 or Part 2 of the Children and Families (Wales) Measure 2010;

  5. (e)

     persons referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, working in schools or establishments referred to in those articles; and

  6. (f)

     persons prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002;

• “contribution order” means a document which records a determination by the Director under the Criminal Legal Aid (Contribution Orders) Regulations 2013;

• “criminal legal aid” means advice, assistance and representation made available under sections 15 and 16 of the Act;

• “Crown Court proceedings” means any criminal proceedings—

  1. (a)

     in respect of an offence for which an individual may be, or has been, sent by a magistrates’ court to the Crown Court for trial;

  2. (b)

     relating to an offence in respect of which a bill of indictment has been preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933; or

  3. (c)

     which are to be heard in the Crown Court following an order by the Court of Appeal or the Supreme Court for a retrial;

• “dependant” means an individual (“A”) who—

  1. (a)

     is wholly or substantially maintained by an individual (“B”) whose financial resources fall to be assessed in accordance with these Regulations; and

  2. (b)

     the Director considers it equitable to treat as being dependant on B, having regard to A’s income and other resources;

• “excluded costs” means costs paid—

  1. (a)

     in respect of the child’s compulsory education;

  2. (b)

     by an individual to that individual’s partner (or vice versa), in respect of any child for which either (or both) of them is responsible in accordance with regulation 20 of the Housing Benefit Regulations 2006; or

  3. (c)

     in respect of care provided by a relative of the child wholly or mainly in the child’s home;

• F4“fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;

• “the General Regulations” means the Criminal Legal Aid (General) Regulations 2013;

• “Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;

• “loss of income” includes past and future loss of income;”;

• “magistrates’ court proceedings” means any criminal proceedings—

  1. (a)

     referred to in section 14(a) to (g) of the Act or in regulation 9(a) to (q) or (s) to (v) of the General Regulations, to the extent that such proceedings take place in the magistrates’ court; or

  2. (b)

     in which an individual is committed to the Crown Court for sentence, but only where that individual did not apply for, or was not granted, representation under section 16 of the Act (representation for criminal proceedings) for the proceedings that took place in the magistrates’ court;

• “maintenance payment” means a payment by an individual for the maintenance of—

  1. (a)

     a former partner;

  2. (b)

     a child; or

  3. (c)

     a relative,

  who is not a member of the individual’s household;

• “Modern Slavery Victim Care Contract or equivalent payment” means any payment of government-funded financial assistance made—

  1. (a)

     in England and Wales under the Modern Slavery Victim Care Contract in accordance with guidance issued by the Secretary of State under section 49 of the Modern Slavery Act 2015;

  2. (b)

     in Northern Ireland under section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

  3. (c)

     in Scotland under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or regulations made under section 10 of that Act;

• “partner” means—

  1. (a)

     an individual’s spouse or civil partner, from whom the individual is not separated due to a breakdown in the relationship which is likely to be permanent;

  2. (b)

     a person with whom the individual lives as a couple; or

  3. (c)

     a person with whom the individual ordinarily lives as a couple, from whom they are not separated due to a breakdown in the relationship which is likely to be permanent;

• “period of calculation” means—

  1. (a)

     in Part 2 of these Regulations, the seven days up to and including the date on which the application for a determination under section 15 of the Act is made;

  2. (b)

     in F5Parts 3 and 4 of these Regulations, the period of one year ending on the date on which the application for a determination under section 16 of the Act is made;

• “personal harm” means a non-pecuniary loss or harm caused to an individual;

• “provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid;

• “qualifying benefit” means any of the following—

  1. (a)

     income support paid under section 124 of the 1992 Act^f12 or section 123 of the 1992 (Northern Ireland) Act;

  2. (b)

     income-based jobseeker’s allowance paid under the 1995 Act or an allowance payable under Part 2 of the 1995 (Northern Ireland) Order;

  3. (c)

     guarantee credit paid under section 1(3)(a) of F6the State Pension Credit Act 2002 or section 1(3)(a) of the 2002 (Northern Ireland) Act;

  4. (d)

     income-related employment and support allowance paid under Part 1 of the 2007 Act or section 1(2)(b) of the 2007 (Northern Ireland) Act; and

  5. (e)

     universal credit paid under Part 1 of the 2012 Act F7or Part 2 of the 2015 (Northern Ireland) Order; and

• “relative” means—

  1. (a)

     F8...

  2. (b)

     in the Schedule, a partner or child of an individual who is living as a member of that individual’s household; and

  3. (c)

     elsewhere in these Regulations, a parent, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece or first cousin, whether of the full blood or half blood, by marriage or civil partnership.

• “specified purpose” means an essential need of an individual and does not include a payment for financial-only loss;

• “victim of the fire at Grenfell Tower” means an individual who is any one or more of the following—

  1. (a)

     an individual living in Grenfell Tower on 14th June 2017;

  2. (b)

     an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower;

  3. (c)

     an individual who was injured in, or as a result of, the fire at Grenfell Tower;

  4. (d)

     an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower;

  5. (e)

     a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met); or

  6. (f)

     a personal representative of an individual who died in the fire at Grenfell Tower;

• “the Victims of Overseas Terrorism Compensation Scheme 2012” means the government-funded compensation scheme established under arrangements made by the Secretary of State under section 47 of the Crime and Security Act 2010;

• F9“the Windrush Compensation Scheme” means the scheme of that name launched on 3rd April 2019 and administered by the Home Office;

• “Windrush connected payment” means a payment where—

  1. (a)

     an individual has made a claim under the Windrush Compensation Scheme;

  2. (b)

     a request included in that claim has been referred by the Home Office to another person; and

  3. (c)

     the payment is made to the individual by that other person as a result of that referral;