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The Legal Aid (Information about Financial Resources) Regulations 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111533307

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 41(6) and (7)(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for approval by resolution of each House of Parliament.

Legal Aid And Advice, England And Wales

Made ***

Coming into force 1st April 2013

The Lord Chancellor makes the following Regulationsf1 in exercise of the powers conferred by sections 22(3)(f), (4)(h), (5) and (8)f2 and 41(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f3.

The Commissioners for Her Majesty’s Revenue and Customs have agreed to the making of regulations 3 and 4 in accordance with section 22(6) of that Act.

In accordance with section 41(6) and (7)(h) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

f2

Section 22(8) includes a definition of “benefit status”. This means, in relation to an individual, whether or not the individual is in receipt of a prescribed benefit. Paragraph (c) of the definition includes a power to prescribe cases in which “benefit status” also means the amount the individual is receiving by way of the benefit. Paragraph (d) of the definition includes a power, in relation to benefits consisting of a number of elements, to prescribe cases in which “benefit status” also means what those elements are and the amount included in respect of each element in calculating the benefit amount. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that in Part 1 of that Act “prescribed” means prescribed by regulations.

f3

2012 c. 10.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: INFORMATION REQUESTS
  5. 3Information request: prescribed income and capital
  6. 4Information request: names of companies and partnerships
  7. Part 3: PRESCRIBED BENEFITS
  8. 5Prescribed benefits
  9. 6Prescribed benefits
  10. 7Prescribed benefits
  11. 8Prescribed benefits: amount of benefit and elements of benefit
  12. Signature
  13. Schedule: Prescribed benefits
  14. 1Paragraph 1
  15. 2Paragraph 2
  16. 3Paragraph 3
  17. 4Paragraph 4
  18. 5Paragraph 5
  19. 6Paragraph 6
  20. 7Paragraph 7
  21. 8Paragraph 8
  22. 9Paragraph 9
  23. 10Paragraph 10
  24. 11Paragraph 11
  25. 12Paragraph 12
  26. 13Paragraph 13
  27. 14Paragraph 14
  28. 15Paragraph 15
  29. 16Paragraph 16
  30. 17Paragraph 17
  31. 18Paragraph 18
  32. 19Paragraph 19
  33. 20Paragraph 20
  34. 21Paragraph 21
  35. 22Paragraph 22
  36. 23Paragraph 23
  37. 24Paragraph 24
  38. 25Paragraph 25
  39. 26Paragraph 26
  40. 27Paragraph 27
  41. 28Paragraph 28
  42. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Information about Financial Resources) Regulations 2013 and come into force on 1st April 2013.

2Interpretation

In these regulations—

  • “the 1992 Act” means the Social Security Contributions and Benefits Act 1992f1;

  • “the 1992 (Northern Ireland) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2;

  • “the 2002 Act” means the Tax Credits Act 2002f3;

  • “the 2003 Act” means the Income Tax (Earnings and Pensions) Act 2003f4;

  • “the 2012 Act” means the Welfare Reform Act 2012f5;

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

  • “relevant year” means, in relation to an information request under section 22(1) of the Act, the tax year in which that request is made; and

  • “tax year” has the meaning given in section 4 of the Income Tax Act 2007f6.

3Information request: prescribed income and capital

An information request made by the relevant authority to a relevant Northern Ireland Department or the Commissioners under section 22(1)(b) or (c) of the Act may include, in relation to a relevant individual, a request for the disclosure of any of the following information about that individual—

(a)

for the relevant year and for each of the two tax years that precede the relevant year, the amount of any of the following types of income charged to income tax—

(i)

employment income under Part 2 of the 2003 Act;

(ii)

pension income under Part 9 of the 2003 Act;

(iii)

social security income under Part 10 of the 2003 Act; and

(iv)

any income under the Income Tax (Trading and Other Income) Act 2005f1; and

(b)

for the relevant year and for each of the two tax years that precede the relevant year, the amount of any chargeable gains charged to capital gains tax under the Taxation of Chargeable Gains Act 1992f2.

4Information request: names of companies and partnerships

An information request made by the relevant authority to a relevant Northern Ireland Department or the Commissioners under section 22(1)(b) or (c) of the Act may include, in relation to a relevant individual, a request for the disclosure of information relating to—

(a)

whether the individual is, or has at some point during the relevant year or the two tax years that precede the relevant year been, a director of a company and, if so, the name of that company; and

(b)

whether the individual is, or has at some point during the relevant year or the two tax years that precede the relevant year been, one of two or more persons carrying on a trade, profession or business in partnership and, if so, the name of that partnership.

5Prescribed benefits

For the purpose of an information request made by the relevant authority to the Secretary of State for the disclosure of a relevant individual’s benefit status under section 22(3)(e) of the Act, the benefits listed in the Schedule are prescribed benefits.

6Prescribed benefits

For the purpose of an information request made by the relevant authority to a relevant Northern Ireland Department for the disclosure of a relevant individual’s benefit status under section 22(3)(e) of the Act, the following benefits are prescribed benefits—

(a)

the benefits listed in the Schedule;

(b)

child benefit under section 137 of the 1992 (Northern Ireland) Actf1;

(c)

child tax credit under Part 1 of the 2002 Actf2;

(d)

working tax credit under Part 1 of the 2002 Actf3; and

(e)

statutory sick pay under Part 12 of the 1992 (Northern Ireland) Act.

7Prescribed benefits

For the purpose of an information request made by the relevant authority to the Commissioners for the disclosure of a relevant individual’s benefit status under section 22(4)(g) of the Act, the following benefits are prescribed benefits—

(a)

child benefit under section 141 of the 1992 Actf1;

(b)

child tax credit under Part 1 of the 2002 Act;

(c)

working tax credit under Part 1 of the 2002 Act; and

(d)

statutory sick pay under Part 12 of the 1992 Act.

8Prescribed benefits: amount of benefit and elements of benefit

In any case where a relevant individual is in receipt of a prescribed benefit, the individual’s benefit status includes—

(a)

the amount the individual is receiving by way of a prescribed benefit; and

(b)

in respect of benefits that consist of a number of elements, what each of those elements are and the amount included in respect of each element in calculating the benefit amount.

Signature

Signed by the authority of the Lord Chancellor

Minister of State

Ministry of Justice

Date

1

Any payments payable out of—

(a)

the Independent Living Fundf1;

(b)

the Independent Living (Extension) Fundf2;

(c)

the Independent Living (1993) Fundf3; or

(d)

the Independent Living Fund (2006)f4.

2

Job grant, return to work credit or in-work credit payable pursuant to arrangements made under section 2 of the Employment and Training Act 1973f1 or section 1 of the Employment and Training Act (Northern Ireland) 1950f2.

3

Any exceptionally severe disablement allowance payable under the Personal Injuries (Civilians) Scheme 1983f1.

4

Incapacity benefit payable under section 30A of the 1992 Actf1 or section 30A of the 1992 (Northern Ireland) Actf2.

5

Maternity allowance payable under section 35 of the 1992 Act or section 35 of the 1992 (Northern Ireland) Act.

6

Benefits for surviving spouses and civil partners payable under sections 36, 39A and 39B of the 1992 Actf1 or sections 36, 39A and 39B of the 1992 (Northern Ireland) Actf2.

7

Benefits for widows payable under sections 37 and 38 of the 1992 Act or sections 37 and 38 of the 1992 (Northern Ireland) Act.

8

Long-term incapacity benefit for widows and widowers payable under sections 40 and 41 of the 1992 Actf1 or sections 40 and 41 of the 1992 (Northern Ireland) Actf2.

9

Category A and Category B retirement pension payable under sections 44, 48A, 48B, 48BB and 51 of the 1992 Actf1 or sections 44, 48A, 48B, 48BB and 51 of the 1992 (Northern Ireland) Actf2.

10

Shared additional pension payable under section 55A of the 1992 Actf1 or section 55A of the 1992 (Northern Ireland) Actf2.

11

Attendance allowance payable under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act.

12

Severe disablement allowance payable under section 68 of the 1992 Actf1 or section 68 of the 1992 (Northern Ireland) Actf2.

13

Carer’s allowance payable under section 70 of the 1992 Actf1 or section 70 of the 1992 (Northern Ireland) Actf2.

14

Disability living allowance payable under section 71 of the 1992 Actf1 or section 71 of the 1992 (Northern Ireland) Act.

15

Industrial injuries benefit payable under section 94 of the 1992 Act or section 94 of the 1992 (Northern Ireland) Act.

16

Income support payable under section 124 of the 1992 Actf1 or section 123 of the 1992 (Northern Ireland) Act.

17

Housing benefit payable under section 130 of the 1992 Actf1 or section 129 of the 1992 (Northern Ireland) Act.

18

Council tax benefit payable under section 131 of the 1992 Actf1.

19

Statutory maternity pay payable under Part 12 of the 1992 Act or Part 12 of the 1992 (Northern Ireland) Act.

20

Statutory paternity pay payable under Part 12ZA of the 1992 Actf1 or Part 12ZA of the 1992 (Northern Ireland) Actf2.

21

Statutory adoption pay payable under Part 12ZB of the 1992 Actf1 or Part 12ZB of the 1992 (Northern Ireland) Actf2.

22

An allowance payable under the Jobseekers Act 1995 or an allowance payable under Part II of the Jobseekers (Northern Ireland) Order 1995f1.

23

Any direct payment payable under regulations made under section 57(1) of the Health and Social Care Act 2001f1 or section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002f2.

24

Guarantee credit payable under section 1(3)(a) of the State Pension Credit Act 2002f1 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002f2.

25

Any pensions payable under The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006f1.

26

An allowance payable under Part 1 of the Welfare Reform Act 2007 or an allowance payable under section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007f1.

27

Universal credit payable under Part 1 of the 2012 Act.

28

Personal independence payment payable under Part 4 of the 2012 Act.

Explanatory note

(This note is not part of the Regulations)

Section 22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) provides that the relevant authority (in practice, the Director of Legal Aid Casework) may make an information request to the Secretary of State, a relevant Northern Ireland Department (defined in section 22(8) of the Act as the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland) or the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”) for the purposes of facilitating a determination about an individual’s financial resources for the purpose of legal aid available under Part 1 of the Act.

Section 22(3) of the Act sets out the information that may be requested from the Secretary of State or a relevant Northern Ireland Department and section 22(4) of the Act sets out the information that may be requested from the Commissioners. Regulations 3 and 4 prescribe additional information that may be requested from a relevant Northern Ireland Department and the Commissioners.

Section 22(3)(e) and (4)(g) of the Act provide that the relevant authority may request information about the benefit status of an individual. Regulations 5, 6 and 7, and the Schedule specify the particular benefits in relation to which an individual’s benefit status may be requested.

Regulation 8 prescribes cases in which an individual’s benefit status includes the amount of a prescribed benefit an individual is receiving, and where the benefit consists of a number of elements, what those elements are and how much the individual is receiving in respect of each element of the benefit.