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The Legal Aid (Information about Financial Resources) Regulations 2013

S.I. 2013/628 · Made 13 March 2013 · Extends to England and Wales

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Legal Aid And Advice, England And Wales

Made 13th March 2013

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. 4AInformation request: particulars contained in the register
  8. Part 3: PRESCRIBED BENEFITS
  9. 5Prescribed benefits
  10. 6Regulation 6
  11. 7Regulation 7
  12. 8Prescribed benefits: amount of benefit and elements of benefit
  13. Signature
  14. Schedule: Prescribed benefits
  15. 1Paragraph 1
  16. 2Paragraph 2
  17. 3Paragraph 3
  18. 4Paragraph 4
  19. 5Paragraph 5
  20. 5AParagraph 5A
  21. 6Paragraph 6
  22. 6AParagraph 6A
  23. 7Paragraph 7
  24. 8Paragraph 8
  25. 9Paragraph 9
  26. 9AParagraph 9A
  27. 10Paragraph 10
  28. 11Paragraph 11
  29. 12Paragraph 12
  30. 13Paragraph 13
  31. 14Paragraph 14
  32. 15Paragraph 15
  33. 16Paragraph 16
  34. 17Paragraph 17
  35. 18Paragraph 18
  36. 19Paragraph 19
  37. 20Paragraph 20
  38. 21Paragraph 21
  39. 22Paragraph 22
  40. 23Paragraph 23
  41. 24Paragraph 24
  42. 25Paragraph 25
  43. 26Paragraph 26
  44. 27Paragraph 27
  45. 28Paragraph 28
  46. 29Paragraph 29
  47. 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—

  • “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 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—

(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 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—

(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.

4AInformation request: particulars contained in the registerF1

(1)

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.

(2)

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—

    1. (a)

      whether a particular relevant individual is the registered keeper of the vehicle identified by that registration mark; and

    2. (b)

      if the relevant individual is the registered keeper of that vehicle, any particulars contained in the register in relation to that registration mark;

  • “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—

(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.

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—

(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; F1...

(d)

statutory sick pay under Part 12 of the 1992 Act F2; and

F3(e)

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—

(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

McNally

Minister of State

Ministry of Justice

13th March 2013

1I1

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.

2I1

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.

3I1

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

4I1

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

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

Benefits for surviving spouses and civil partners payable under F1section 39A of the 1992 Actf1 or section 39A of the 1992 (Northern Ireland) Actf2.

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

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.

9I1

Category A and Category B retirement pension payable under sections 44, 48A, F148AA, 48B, 48BB and 51 of the 1992 Actf1 or sections 44, 48A, 48AA, 48B, 48BB and 51 of the 1992 (Northern Ireland) Actf2.

9AF1

A state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015.

10I1

Shared additional pension payable under section 55A F1or 55AA of the 1992 Actf1 or section 55A or 55AA of the 1992 (Northern Ireland) Actf2.

11I1

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

12I1

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

13I1

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

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

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

21I1

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

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

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.

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.