The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016

Contents

1Citation and commencement#

These Regulations may be cited as the Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 and come into force on 28th July 2016.

2Amendments to the Community Legal Service (Financial) Regulations 2000#

(1)The Community Legal Service (Financial) Regulations 2000 are amended as follows.

(2)In regulation 4(2) (financial eligibility), in sub-paragraph (e), after “2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

(3)In regulation 19 (calculation of income)—

(a)in paragraph (h), after “(2006)” insert “or by or under the Welsh Independent Living Grant”;

(b)in paragraph (j), after “2012” insert “or Part 5 of the Welfare Reform (Northern Ireland) Order 2015”, and

(c)after paragraph (j), insert—“k payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;l payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

(4)In regulation 33 (calculation of capital)—

(a)at the end of paragraph (a) omit “and”;

(b)in paragraph (c), after “Funds” insert “or by or under the Welsh Independent Living Grant”, and

(c)after paragraph (c) insert—“d payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016; ande payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

3Amendments to 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 regulation 5 (advice and assistance – financial eligibility)—

(a)in paragraph (8)(g), after “2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”, and

(b)in paragraph (9), after “support allowance” insert “or universal credit under Part 1 of the Welfare Reform Act 2012 or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

(3)In paragraph 8(1) of Schedule 1 (assessment of resources)—

(a)at the end of paragraph (f), after “2012” insert “or Part 5 of the Welfare Reform (Northern Ireland) Order 2015”, and

(b)after paragraph (f) insert—“g payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016; andh payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

4Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006#

(1)The Criminal Defence Service (Financial Eligibility) Regulations 2006 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “gross annual income”—

(a)in sub-paragraph (e), after “payments” insert “or payments made by or under the Welsh Independent Living Grant”;

(b)at the end of sub-paragraph (g) omit “and”;

(c)after sub-paragraph (g)—

(i)omit sub-paragraph (f), and

(ii)insert—“(a) any personal independence payment paid under Part 4 of the Welfare Reform Act 2012 or Part 5 of the Welfare Reform (Northern Ireland) Order 2015;(b) payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016; and(c) payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

(3)In regulation 5(4) (assessment by representation authority), at the end of sub-paragraph (e) insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

5Amendments to the Criminal Defence Service (Contribution Orders) Regulations 2009#

Regulation 2(1) (interpretation) of the Criminal Defence Service (Contribution Orders) Regulations 2009 is amended as follows—

(a)in the definition of “gross annual income”—

(i)in sub-paragraph (e) after “payments” insert “or payments made by or under the Welsh Independent Living Grant”;

(ii)at the end of sub-paragraph (h) omit “and”;

(iii)in sub-paragraph (i), after “2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”;

(iv)after sub-paragraph (i) insert—“(a) payments made under Part 2 or Part 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or Part 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016; and(b) payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;”

(b)in the definition of “qualifying benefit”, in sub-paragraph (e), after “2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

6Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013#

(1)The Criminal Legal Aid (Financial Resources) Regulations 2013 are amended as follows.

(2)In regulation 2 ^note (interpretation)—

(a)after the definition of “the 2012 Act” insert—“• “the 2013 Regulations” means the Social Security (Payments on Account of Benefit) Regulations 2013;• “the 2015 (Northern Ireland) Order” means the Welfare Reform (Northern Ireland) Order 2015;• “the 2016 (Northern Ireland) Regulations” means the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;”

(b)in the definition of “qualifying benefit”, in paragraph (e), after “Act” insert “or Part 2 of the 2015 (Northern Ireland) Order”.

(3)In regulation 11(3) (disposable income: deductions)—

(a)in sub-paragraph (h), after “Act” insert “or Part 5 of the 2015 (Northern Ireland) Order”, and

(b)after sub-paragraph (i) insert—“j payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; andk payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

(4)In regulation 20(2) (assessment of resources: gross annual income)—

(a)in sub-paragraph (d), after paragraph (viii) insert—“ix payments made by or under the Welsh Independent Living Grant;x payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations;xi payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;”

(b)in sub-paragraph (h), after “Act” insert “or Part 5 of the 2015 (Northern Ireland) Order”.

7Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013#

(1)The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 are amended as follows.

(2)In regulation 2(1) (interpretation), after the definition of “the Act” insert—“• “the 2013 Regulations” means the Social Security (Payments on Account of Benefit) Regulations 2013;• “the 2015 (Northern Ireland) Order” means the Welfare Reform (Northern Ireland) Order 2015;• “the 2016 (Northern Ireland) Regulations” means the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;”

(3)In regulation 6(2) (individuals in receipt of certain support), in sub-paragraph (e), after “2012” insert “or Part 2 of the 2015 (Northern Ireland) Order”.

(4)In regulation 24(1) (payments to be disregarded from calculation of disposable income or gross income)—

(a)in sub-paragraph (m), after “2006” insert “or by or under the Welsh Independent Living Grant”;

(b)in sub-paragraph (n), after “2012” insert “or Part 5 of the 2015 (Northern Ireland) Order”, and

(c)after sub-paragraph (o) insert—“p payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; andq payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.”

(5)In regulation 40 (certain payments to be disregarded)—

(a)in paragraph (b)—

(i)at the end of sub-paragraph (ii) for “and” substitute “or”;

(ii)after paragraph (ii) insert—“iii payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; and”

(b)in paragraph (c), after “2006” insert “or by or under the Welsh Independent Living Grant”.

8Amendments to the Criminal Legal Aid (Contribution Orders) Regulations 2013#

(1)The Criminal Legal Aid (Contribution Orders) Regulations 2013 are amended as follows.

(2)In regulation 2 (interpretation), after the definition of “the Act” insert—“• “the 2015 (Northern Ireland) Order” means the Welfare Reform (Northern Ireland) Order 2015;”

(3)In regulation 9(3) (individuals not liable to make a payment), in sub-paragraph (e), after “2012” insert “or Part 2 of the 2015 (Northern Ireland) Order”.

(4)In regulation 10(2) (calculation of gross annual income)—

(a)in sub-paragraph (d), after paragraph (viii) insert—“ix payments made by or under the Welsh Independent Living Grant;x payments made under Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations 2013 or Part 2 or 3 of the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016;xi payments made under regulation 17 of the Universal Credit (Transitional Provisions) Regulations 2014 or regulation 17 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016;”

(b)in sub-paragraph (i), after “2012” insert “or Part 5 of the 2015 (Northern Ireland) Order”.

9Amendment to the Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013#

In regulation 2 of the Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013 (interpretation), in paragraph (e) of the definition of “qualifying benefit”, after “2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Contains public sector information licensed under the Open Government Licence v3.0.