The Early Legal Advice Pilot Scheme Order 2022

Modification of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

1.—(1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is modified as follows.

(2) Part 1 of Schedule 1 (civil legal services) has effect as if after paragraph 46 there were inserted—

“Early legal advice in relation to housing, debt and welfare benefits

47.— (1) Civil legal services provided to an individual in relation to—

(a) housing;

(b) debt;

(c) a benefit, allowance, payment, credit or pension under—

(i) a social security enactment;

(ii) the Vaccine Damage Payments Act 1979(1);

(iii) Part 4 of the Child Maintenance and Other Payments Act 2008(2);

(d) a council tax reduction scheme.

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1 and 15 of that Part.

Specific exclusions

(3) The services described in sub-paragraph (1) do not include advocacy.

(4) The services described in sub-paragraph (1) do not include the provision of more than three hours of advice and assistance in total—

(a) in respect of any one or more of those services;

(b) by one or more providers of those services.

(5) The services described in sub-paragraph (1) only include services provided to an individual who is a pilot scheme participant in relation to the Early Legal Advice Pilot Scheme.

Definitions

(6) In this paragraph—

(a) “council tax reduction scheme” has the meaning given in paragraph 8A(4);

(b) “the Early Legal Advice Pilot Scheme” means the pilot scheme established by the Early Legal Advice Pilot Scheme Order 2022;

(c) “home” has the meaning given in paragraph 33(9) to (13);

(d) “housing” means matters which concern—

(i) the possession, status, terms of occupation, repair, improvement, eviction from, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;

(ii) the rights of leaseholders under the terms of their lease or under any statutory provision (including in relation to leasehold enfranchisement);

(iii) the allocation and transfer of housing and the provision of sites for occupation,

but does not include disputes relating to any boundary of a property;

(e) “pilot scheme participant” has the meaning given in article 4(1) of the Early Legal Advice Pilot Scheme Order 2022;

(f) “social security enactment” has the meaning given in paragraph 8(3).”.

(1)

1979 c. 17.

(2)

2008 c. 6.