OpenLegislation

Article 2 Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Original text. Later amendments are not shown.

(1)

Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

(2)

In paragraph 31 (immigration: accommodation for asylum-seekers etc.), in sub-paragraph (1)(a) —

(a)

after “95”, insert “or 95A”;

(b)

after “asylum-seekers”, insert “and failed asylum-seekers”.

(3)

In paragraph 33 (loss of home) —

(a)

after sub-paragraph (1) insert —

“(1A)

Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –

(a)

housing matters;

(b)

debt;

(c)

a benefit, allowance, payment, credit or pension under—

(i)

a social security enactment;

(ii)

the Vaccine Damage Payments Act 1979f1;

(iii)

Part 4 of the Child Maintenance and Other Payments Act 2008f2;

(d)

a council tax reduction scheme.”,

(b)

after sub-paragraph (7) insert —

“(7A)

Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part.”;

(c)

after sub-paragraph (8) insert —

“(8A)

The services described in sub-paragraph (1A) do not include advocacy.”;

(d)

for sub-paragraph (9), substitute —

“(9)

In this paragraph —

  • “council tax reduction scheme” has the meaning given in paragraph 8A(4);

  • “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10);

  • “housing matters” means matters which concern –

    1. (i)

      the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;

    2. (ii)

      the rights of leaseholders under the terms of their lease or under any statutory provision ;

    3. (iii)

      the allocation and transfer of housing and the provision of sites for occupation,

    • but does not include disputes relating to any boundary of a property;

  • “social security enactment” has the meaning given in paragraph 8(3).”

Annotations

Footnotes

f1

1979 c. 17.

f2

2008 c. 6.