Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance Regulations 1989, so as to replace references to family credit and disability working allowance with references to working families' tax credit and disabled person’s tax credit, following the changes made by the Tax Credits Act 1999. A recipient of one of these tax credits will be eligible for advice and assistance provided that the amount to be deducted from the weekly maximum allowance does not exceed £70. Those in receipt of family credit or disability working allowance under a decision made before the coming into force of these Regulations will continue to be eligible for advice and assistance.
The Regulations also:
exclude the costs of giving advice and assistance related to mediation in family matters from the charge under section 11(2)(b) of the Legal Aid Act 1988, and provide that such advice and assistance shall be treated as a separate matter from other advice and assistance and
restrict the procedure, under regulation 10 of the 1989 Regulations, whereby a client may authorise another person to attend on the solicitor on his behalf, to clients present or resident in England and Wales.