Draft Regulations laid before Parliament under section 41(6) and (7)(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Legal Aid And Advice, England And Wales
Made
[ ] 2014
Coming into force in accordance with regulation 1
The Lord Chancellor makes the following Regulations(1) in exercise of the powers conferred by section 22(8)(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(3).
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.
1. These Regulations may be cited as the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.
2. In the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013(4), after paragraph 5 insert—
“5A. Maternity allowance payable under section 35B of the 1992 Act(5) or section 35B of the 1992 (Northern Ireland) Act(6).”.
Parliamentary Under Secretary of State
Ministry of Justice
Date
(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 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.
A request for information under section 22 can include a request for certain information about prescribed benefits. The prescribed benefits are prescribed in regulations 5, 6 and 7 of, and the Schedule to, the Legal Aid (Information about Financial Resources) Regulations 2013 (S.I. 2013/628). Regulation 2 of these Regulations adds to the list of prescribed benefits in the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013 maternity allowance payable under section 35B of the Social Security Contributions and Benefits Act 1992 (c. 4) or section 35B of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7). An impact assessment has not been produced for this instrument has it has no impact on businesses and civil society organisations.
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.
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. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “prescribed” means prescribed by regulations.
S.I. 2013/628. Those Regulations have been amended by the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013 (S.I. 2013/2726).
Regulation 2 of the Legal Aid (Information about Financial Resources) Regulations 2013 provides that in those Regulations “the 1992 Act” means the Social Security Contributions and Benefits Act 1992 (c. 4). Section 35B of that Act was inserted by regulation 2(5) of the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014 (S.I. 2014/***).
Regulation 2 of the Legal Aid (Information about Financial Resources) Regulations 2013 provides that in those Regulations “the 1992 Northern Ireland Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7). Section 35B of that Act was inserted by regulation 2(5) of the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014 (S.R. 2014/***).