The Legal Aid (Information about Financial Resources) Regulations 2013
S.I. 2013/628 · Made 13 March 2013 · Extends to England and Wales
Legal Aid And Advice, England And Wales
Made 13th March 2013
Coming into force 1st April 2013
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
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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
Contents
- Part 1: INTRODUCTION
- 1Citation and commencement
- 2Interpretation
- Part 2: INFORMATION REQUESTS
- 3Information request: prescribed income and capital
- 4Information request: names of companies and partnerships
- 4AInformation request: particulars contained in the register
- Part 3: PRESCRIBED BENEFITS
- 5Prescribed benefits
- 6Regulation 6
- 7Regulation 7
- 8Prescribed benefits: amount of benefit and elements of benefit
- Signature
- Schedule: Prescribed benefits
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Legal Aid (Information about Financial Resources) Regulations 2013 and come into force on 1st April 2013.
2InterpretationI1
In these regulations—
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“the 1992 Act” means the Social Security Contributions and Benefits Act 1992f1;
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“the 1992 (Northern Ireland) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2;
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“the 2002 Act” means the Tax Credits Act 2002f3;
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“the 2003 Act” means the Income Tax (Earnings and Pensions) Act 2003f4;
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“the 2012 Act” means the Welfare Reform Act 2012f5;
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“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
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“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
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“tax year” has the meaning given in section 4 of the Income Tax Act 2007f6.
3Information request: prescribed income and capitalI1
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—
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—
employment income under Part 2 of the 2003 Act;
pension income under Part 9 of the 2003 Act;
social security income under Part 10 of the 2003 Act; and
any income under the Income Tax (Trading and Other Income) Act 2005f1; and
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 partnershipsI1
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—
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
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.
4AInformation request: particulars contained in the registerF1
An information request made by the relevant authority to the Secretary of State under section 22(1)(a) of the Act may include a request for the disclosure of register information.
In this regulation—
“register” and “registered keeper” have the meaning given in regulation 3(1) of the Road Vehicles (Registration and Licensing) Regulations 2002;
“register information” means, in relation to any registration mark—
- (a)
whether a particular relevant individual is the registered keeper of the vehicle identified by that registration mark; and
- (b)
if the relevant individual is the registered keeper of that vehicle, any particulars contained in the register in relation to that registration mark;
- (a)
“registration mark” has the meaning given in section 23(1) of the Vehicle Excise and Registration Act 1994.
5Prescribed benefitsI1
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.
6I1
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—
the benefits listed in the Schedule;
child benefit under section 137 of the 1992 (Northern Ireland) Actf1;
child tax credit under Part 1 of the 2002 Actf2;
working tax credit under Part 1 of the 2002 Actf3; and
statutory sick pay under Part 12 of the 1992 (Northern Ireland) Act.
7I1
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—
child benefit under section 141 of the 1992 Actf1;
child tax credit under Part 1 of the 2002 Act;
working tax credit under Part 1 of the 2002 Act; F1...
statutory sick pay under Part 12 of the 1992 Act F2; and
statutory neonatal care pay under Part 12ZE of the 1992 Act.
8Prescribed benefits: amount of benefit and elements of benefitI1
In any case where a relevant individual is in receipt of a prescribed benefit, the individual’s benefit status includes—
the amount the individual is receiving by way of a prescribed benefit; and
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
McNally
Minister of State
Ministry of Justice
13th March 2013
1I1
2I1
3I1
Any exceptionally severe disablement allowance payable under the Personal Injuries (Civilians) Scheme 1983f1.
4I1
5I1
Maternity allowance payable under section 35 of the 1992 Act or section 35 of the 1992 (Northern Ireland) Act.
5AF1
Maternity allowance payable under section 35B of the 1992 Act or section 35B of the 1992 (Northern Ireland) Act.
6I1
6AF1
Benefits for surviving spouses and civil partners under section 30 of the Pensions Act 2014 or section 29 of the Pensions Act (Northern Ireland) 2015.
7I1
Benefits for widows payable under sections 37 and 38 of the 1992 Act or sections 37 and 38 of the 1992 (Northern Ireland) Act.
8I1
9I1
9AF1
A state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015.
10I1
11I1
Attendance allowance payable under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act.
12I1
13I1
14I1
Disability living allowance payable under section 71 of the 1992 Actf1 or section 71 of the 1992 (Northern Ireland) Act.
15I1
Industrial injuries benefit payable under section 94 of the 1992 Act or section 94 of the 1992 (Northern Ireland) Act.
16I1
Income support payable under section 124 of the 1992 Actf1 or section 123 of the 1992 (Northern Ireland) Act.
17I1
Housing benefit payable under section 130 of the 1992 Actf1 or section 129 of the 1992 (Northern Ireland) Act.
18I1
Council tax benefit payable under section 131 of the 1992 Actf1.
19I1
Statutory maternity pay payable under Part 12 of the 1992 Act or Part 12 of the 1992 (Northern Ireland) Act.
20I1
21I1
22I1
An allowance payable under the Jobseekers Act 1995 or an allowance payable under Part II of the Jobseekers (Northern Ireland) Order 1995f1.
23I1
Any direct payment payable under F1section 17A of the Children Act 1989, section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments), F2... F3sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 57(1) of the Health and Social Care Act 2001f1 F4, section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002f2 F5or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
24I1
25I1
Any pensions payable under The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006f1.
26I1
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.
27I1
Universal credit payable under Part 1 of the 2012 Act.
28I1
Personal independence payment payable under Part 4 of the 2012 Act.
29F1
Armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
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.