# The Legal Aid (Mediation in Family Matters) (Amendment) (No. 2) Regulations 1999

S.I. 1999/2738 · made 4 October 1999

These Regulations amend the Legal Aid (Mediation in Family Matters) Regulations 1997, 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. They revoke and replace a previous set of amending Regulations, of which the title was in error stated as “the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1999” in the citation provision and as “the Legal Aid (Mediation in Family Matters) (Amendment) Regulations 1999” in the heading.

Made under: Legal Aid Act 1988 (Section 13B, Section 34, Section 43)

PDFs: Printed copy https://openlegislation.uk/legal-aid-mediation-in-family-matters-amendment-no-2-regulations-1999/pdf/uksi_19992738_en.pdf

## Introductory text

This Statutory Instrument has been made in consequence of a defect in S.I. 1999/2576, and is being issued free to all known recipients of that Statutory Instrument.
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 4th October 1999
Coming into force 5th October 1999
Laid before Parliament 6th October 1999
The Lord Chancellor, in exercise of the powers conferred on him by sections 13B(2), 34 and 43 of the Legal Aid Act 1988 and with the consent of the Treasury, makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Legal Aid (Mediation in Family Matters) (Amendment) (No. 2) Regulations 1999 and shall come into force on 5th October 1999.

## 2 Interpretation

In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Legal Aid (Mediation in Family Matters) Regulations 1997.

## 3 Transitional provisions

(1) These Regulations shall apply to applications for mediation under regulation 2 made on or after 5th October 1999.
(2) Where a person at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 in pursuance of a decision made before that date, his disposable income shall be assessed as if these Regulations had not come into force.

## 4 Revocation

The regulations known as the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1999 (which purport to amend the Legal Aid (Mediation in Family Matters) Regulations 1997 and are, in accordance with regulations made under section 2 of the Statutory Instruments Act 1946, numbered 2576 in the calendar year 1999) are hereby revoked.

## 5 Amendments to the Legal Aid (Mediation in Family Matters) Regulations 1997

In regulation 1(2)—
(a) for the definitions of “disability working allowance” and “family credit” there shall be substituted—
““disabled person’s tax credit” means a disabled person’s tax credit under the Social Security Contributions and Benefits Act 1992;
“working families' tax credit” means working families' tax credit under the Social Security Contributions and Benefits Act 1992;”;
(b) after the definition of “income support” there shall be inserted—
““qualifying benefit” means any of the following:—
(a) income support;
(b) working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;
(c) disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and
(d) income-based jobseeker’s allowance.”.

## 6 Amendments to the Legal Aid (Mediation in Family Matters) Regulations 1997

In regulation 2(3)(b) and (c), for “income support, income-based jobseeker’s allowance, family credit or disability working allowance” there shall be substituted “any qualifying benefit”.

## 7 Amendments to the Legal Aid (Mediation in Family Matters) Regulations 1997

In regulation 4(4), for “income support, income-based jobseeker’s allowance, family credit or disability working allowance” there shall be substituted “any qualifying benefit”.

## Signature

Signed by authority of the Lord Chancellor
Keith Vaz
Parliamentary Secretary
Lord Chancellor’s Department
29th September 1999
We consent
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 1999

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Aid (Mediation in Family Matters) Regulations 1997, 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. They revoke and replace a previous set of amending Regulations, of which the title was in error stated as “the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1999” in the citation provision and as “the Legal Aid (Mediation in Family Matters) (Amendment) Regulations 1999” in the heading.
A recipient of one of these tax credits will be eligible for mediation (so far as his income is concerned) 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 mediation.

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Source: https://www.legislation.gov.uk/uksi/1999/2738 (the official version)
Page: https://openlegislation.uk/legal-aid-mediation-in-family-matters-amendment-no-2-regulations-1999
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

