# The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 4) Regulations 1996

S.I. 1996/2307 · made 2 September 1996

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so that any back to work bonus treated as payable by way of a jobseeker’s allowance, and any earnings top-up, are excluded from the computations of disposable income and disposable capital. Regulation 41A(2), which provides for a defence of due care or diligence for mis-statements or omissions in connection with legal aid applications, is amended to refer to paragraph (1)(a) instead of paragraph (1).

Made under: Legal Aid Act 1988 (Section 34, Section 43)

## Introductory text

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 1988and with the consent of the Treasury, hereby makes the following Regulations:—

## 1 Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 4) Regulations 1996 and shall come into force on 7th October 1996.

## 2 Interpretation

In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989.

## 3 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

In regulation 3(1), the following shall be substituted for the definition of “income-based jobseeker’s allowance”:—
““income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995, but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of section 26 of that Act;”.

## 4 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

In regulation 41A(2), for “paragraph (1)” there shall be substituted “paragraph (1)(a)”.

## 5 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

The following shall be inserted after paragraph 6 of Schedule 3:—
“6A In computing disposable income there shall be disregarded—
(a) 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;
(b) any payment made by the Secretary of State under the Earnings Top-up Scheme 1996.”.

## 6 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Paragraph 16 of Schedule 3 shall be amended as follows:—
(a) in sub-paragraph (b)(ii), the final “and” shall be omitted;
(b) the following shall be inserted after sub-paragraph (c):—
“; and
(d) 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.”.

## Signature

Mackay of Clashfern. C.
Dated 23rd August 1996
We consent,
Bowen Wells
Roger Knapman
Two of the Lords Commissioners ofHer Majesty’s Treasury
Dated 2nd September 1996

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so that any back to work bonus treated as payable by way of a jobseeker’s allowance, and any earnings top-up, are excluded from the computations of disposable income and disposable capital. Regulation 41A(2), which provides for a defence of due care or diligence for mis-statements or omissions in connection with legal aid applications, is amended to refer to paragraph (1)(a) instead of paragraph (1).

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Source: https://www.legislation.gov.uk/uksi/1996/2307 (the official version)
Page: https://openlegislation.uk/legal-aid-in-criminal-and-care-proceedings-general-amendment-no-4-regulations-1996
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.