The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

5.—(1) The Civil Legal Aid (Scotland) Regulations 2002(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “Fund”, insert—

““Grenfell Tower payment” means any payment made to a person by way of compensation, damages or legal expenses in connection with the Grenfell Tower fire of 14 June 2017, including under any settlement arrived at to prevent or bring legal proceedings to an end,

“human trafficking or exploitation victim payment” means any payment by way of support or assistance provided under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under regulations made under section 10 of that Act, or any payment made by way of support provided under a Modern Slavery Victim Care Contract,”,

(b) after the definition of “income-related employment and support allowance”, insert—

““Infected Blood Compensation Scheme” means the scheme made by the Secretary of State or the Minister for the Cabinet Office in exercise of powers conferred by section 49 of the Victims and Prisoners Act 2024,”,

(c) after the definition of “maximum contribution”, insert—

““miscarriage of justice payment” means any payment made by the Secretary of State, the Scottish Ministers or the Department of Justice (Northern Ireland) for the purpose of compensating a person for a miscarriage of justice,”.

(3) In regulation 33(a) (payments out of property recovered or preserved: exceptions)—

(a) after head (iii), insert—

“(iiia) by way of carer’s allowance under section 70 of the 1992 Act,”,

(b) after head (xxvii)(2), insert—

“(xxviii) by way of any human trafficking or exploitation victim payment,

(xxix) by way of any miscarriage of justice payment,

(xxx) by way of any Grenfell Tower payment,

(xxxi) by way of any payment made under the Infected Blood Compensation Scheme.”.

(4) In schedule 2, paragraph 7 (disregards in computing disposable income)—

(a) after sub-paragraph (a), insert—

“(ab) carer’s allowance paid under section 70 of the 1992 Act,”,

(b) after sub-paragraph (q)(3), insert—

“(r) any human trafficking or exploitation victim payment,

(s) any miscarriage of justice payment,

(t) any Grenfell Tower payment,

(u) any payment made under the Infected Blood Compensation Scheme.”.

(5) In schedule 3, paragraph 8 (disregards in computing disposable capital)—

(a) in sub-paragraph (l)(4), after “any”, insert “carer’s allowance paid under section 70 of the 1992 Act or”,

(b) after sub-paragraph (m), insert—

“(n) any human trafficking or exploitation victim payment,

(o) any miscarriage of justice payment,

(p) any Grenfell Tower payment,

(q) any payment made under the Infected Blood Compensation Scheme.”.

(1)

S.S.I. 2002/494. Relevantly amended by S.S.I. 2024/178 which comes into force on 3 October 2024.

(2)

Head (xxvii) was inserted by S.S.I. 2024/178 with effect from 3 October 2024.

(3)

Sub-paragraph (q) was inserted by S.S.I. 2024/178 with effect from 3 October 2024.

(4)

Sub-paragraphs (l) and (m) were inserted by S.S.I. 2024/178 with effect from 3 October 2024.