# The Personal Independence Payment (Consequential Amendments) Regulations 2013

S.I. 2013/626 · made 14 March 2013

These Regulations make amendments to regulations made under the Access to Justice Act 1999 (c. 22) (the “1999 Act”) that are consequential on the commencement of Part 4 of the Welfare Reform Act 2012 (c. 5), which makes provision in relation to an allowance known as personal independence payment. Though the regulations made under the 1999 Act are repealed on 1st April 2013 upon the commencement of paragraph 51 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), they are saved for certain cases by regulation 6 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) so it is necessary to amend the regulations to make provision for personal independence payment.

Made under: Welfare Reform Act 2012 (Section 92)

PDFs: Printed copy https://openlegislation.uk/personal-independence-payment-consequential-amendments-regulations-2013/pdf/uksi_20130626_en.pdf; Explanatory Memorandum https://openlegislation.uk/personal-independence-payment-consequential-amendments-regulations-2013/pdf/uksiem_20130626_en.pdf

## Introductory text

Social Security
Made 14th March 2013
Laid before Parliament 18th March 2013
Coming into force 8th April 2013
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 92(1) and (2)(a) of the Welfare Reform Act 2012.
These Regulations are made before the end of the period of 6 months beginning with the coming into force of Part 4 of the Welfare Reform Act 2012.

## 1 Citation and commencement

These Regulations may be cited as the Personal Independence Payment (Consequential Amendments) Regulations 2013 and come into force on 8th April 2013, immediately after the coming into force of the Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013.

## 2 Amendment of the Community Legal Service (Financial) Regulations 2000

(1) The Community Legal Service (Financial) Regulations 2000 are amended as follows.
(2) In regulation 19 (calculation of income), after paragraph (i) insert—
“(j) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012.”.

## 3 Amendment of the Criminal Defence Service (General) (No.2) Regulations 2001

(1) The Criminal Defence Service (General) (No.2) Regulations 2001 are amended as follows.
(2) In paragraph 8 of Schedule 1 (assessment of resources), after sub-paragraph (1)(e) insert—
“(f) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012.”.

## 4 Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006

(1) The Criminal Defence Service (Financial Eligibility) Regulations 2006 are amended as follows.
(2) In the definition of “gross annual income” in regulation (2)(1) (interpretation), after paragraph (g) insert—
“and
(h) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012;”.

## 5 Amendment of the Criminal Defence Service (Contribution Orders) Regulations 2009

(1) The Criminal Defence Service (Contribution Orders) Regulations 2009 are amended as follows.
(2) In the definition of “gross annual income” in regulation (2)(1) (interpretation), after paragraph (h) insert—
“and
(i) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012;”.

## Signature

Signed by authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
14th March 2013

## Explanatory note

(This note is not part of the Regulations)
These Regulations make amendments to regulations made under the Access to Justice Act 1999 (c. 22) (the “1999 Act”) that are consequential on the commencement of Part 4 of the Welfare Reform Act 2012 (c. 5), which makes provision in relation to an allowance known as personal independence payment. Though the regulations made under the 1999 Act are repealed on 1st April 2013 upon the commencement of paragraph 51 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), they are saved for certain cases by regulation 6 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) so it is necessary to amend the regulations to make provision for personal independence payment.
Regulations 2 to 5 each insert a reference to personal independence payment into regulations made under the 1999 Act. This adds personal independence payment in the list of payments to be disregarded from an individual’s income when determining whether the individual is financially eligible for legal aid, or is liable to make a contribution towards the costs of their legally aided representation in accordance with those regulations.

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Source: https://www.legislation.gov.uk/uksi/2013/626 (the official version)
Page: https://openlegislation.uk/personal-independence-payment-consequential-amendments-regulations-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

