Article 4 Exemptions and remissions

No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,—

(a)

is in receipt of—

(i)

legal advice and assistance under Part II or Part III of the Legal Aid Act 1988^f1 in connection with the matter to which the proceedings relate; or

(ii)

representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings;

(b)

is receiving services funded by the Legal Services Commission^f2 as part of the Community Legal Service; or

(c)

is in receipt of—

(i)

income support under the Social Security Contributions and Benefits Act 1992^f3;

(ii)

income-based jobseeker’s allowance under the Jobseekers Act 1995^f4;

(iii)

guarantee credit under the State Pension Credit Act 2002^f5;

(iv)

any element of child tax credit, under the Tax Credits Act 2002^f6, other than the family element; or

(v)

working tax credit under the Tax Credits Act 2002.

Annotations

f1: 1988 c. 34. Parts II, III and IV were repealed by Part I of Schedule 15 to the Access to Justice Act 1999 (c. 22) from 1 April 2000 subject to the transitional and savings provisions in article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774), in respect of an application for legal aid signed before 1 April 2000 and received by the Legal Aid Board by 2 May 2000.
f2: Established under section 1 of the Access to Justice Act 1999(c. 22).
f3: 1992 c. 4.
f4: 1995 c. 18.
f5: 2002 c. 16.
f6: 2002 c. 21.