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The Legal Advice and Assistance (Amendment) (No. 3) Regulations 1996

S.I. 1996/2308 · Made 2 September 1996

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.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 2nd September 1996

Laid before Parliament 16th September 1996

Coming into force 7th October 1996

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988f1 and with the consent of the Treasury, hereby makes the following Regulations: —

Annotations to the whole text

Footnotes

f1

1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning given to "regulations".

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to the Legal Advice and Assistance Regulations 1989
  4. 4Amendments to the Legal Advice and Assistance Regulations 1989
  5. 5Amendments to the Legal Advice and Assistance Regulations 1989
  6. 6Amendments to the Legal Advice and Assistance Regulations 1989
  7. 7Amendments to the Legal Advice and Assistance Regulations 1989
  8. 8Amendments to the Legal Advice and Assistance Regulations 1989
  9. Signature
  10. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1996 and shall come into force on 7th October 1996.

2Interpretation

In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989.f1

3Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 3(1), after the definition of “fund”there shall be inserted the following: —

  • ““income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995f1, but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of section 26 of that Act;”.

4Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 9(4)(b) and (c), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”.

5Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 10(2)(b) and (c), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”.

6Amendments to the Legal Advice and Assistance Regulations 1989

Regulation 13 shall be amended as follows: —

(a)

in paragraph (2), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”;

(b)

in paragraph (3), after “income support”there shall be inserted “or income-based jobseeker’s allowance”.

7Amendments to the Legal Advice and Assistance Regulations 1989

After paragraph 7(2) of Schedule 2, there shall be inserted the following: —

“(3)

In computing the capital and income of the person concerned, there shall be left out of account so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of a jobseeker’s allowance.”.

8Amendments to the Legal Advice and Assistance Regulations 1989

After paragraph 9A of Schedule 2, there shall be inserted the following: —

“9B

In computing the disposable income of any person there shall be disregarded any payment made by the Secretary of State under the Earnings Top-up Scheme 1996f1.”.

Signature

Mackay of Clashfern, C.

Dated 23rd August 1996

We consent,

Bowen Wells

Roger Knapman

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 2nd September 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance Regulations 1989, so that: —

(a)

a person in receipt of income-based jobseeker’s allowance need not provide details of his financial resources when applying for advice and assistance, and that his financial resources are to be taken not to exceed the eligibility limit for the time being;

(b)

any back to work bonus treated as payable by way of a jobseeker’s allowance is excluded from the computation of capital or income;

(c)

earnings top-up is excluded from the computation of income.