The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020

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

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

(2) In regulation 2(1) (interpretation) insert at the appropriate places—

““the Caxton Foundation” means the charitable trust of that name (number 1142529) established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”;

““Criminal Injuries Compensation Scheme” means—

(a)

the schemes established under the Criminal Injuries Compensation Act 1995(2) or any arrangements for compensation by the Secretary of State for criminal injuries in operation before the commencement of those schemes;

(b)

the scheme established under the Criminal Injuries Compensation (Northern Ireland) Order 2002(3), or any earlier Northern Ireland criminal injuries compensation schemes in operation before the commencement of that scheme;”;

““the Eileen Trust” means the charitable trust of that name (number 1028027) established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;”;

““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

““the Macfarlane Trust” means the charitable trust (number 298863), established on 22nd March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;”;

““the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;”;

““the Macfarlane (Special Payments) (No.2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;”;

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”;

““the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;”;

““Relevant Infected Blood Support Scheme” means any of the following—

(a)

the England Infected Blood Support Scheme administered by the National Health Service Business Services Authority on behalf of the Department of Health and Social Care;

(b)

the Infected Blood Payment Scheme for Northern Ireland, administered by the Business Services Organisation, Northern Ireland on behalf of the Department of Health, Northern Ireland;

(c)

the Scottish Infected Blood Support Scheme administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978)(4); and

(d)

the Wales Infected Blood Support Scheme administered within the Velindre NHS Trust and the National Health Service Wales Shared Services Partnership.”;

““the Skipton Fund” means the ex-gratia payment scheme administered by Skipton Fund Limited (number 05084964), incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;”;

““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3) In regulation 24 (payments to be disregarded from calculation of disposable income or gross income)(5)—

(a) at the end of paragraph (1)(p) omit “and”;

(b) at the end of paragraph (1)(r) omit “and”;

(c) after paragraph (1)(s) insert—

“(t) any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or a Relevant Infected Blood Support Scheme;

(u) any payment made under the Vaccine Damage Payments Act 1979(6); and

(v) any payment made by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions.”, and

(d) After paragraph (3) insert—

“(3A) In calculating the disposable income or the gross income of the individual, the Director may disregard the following payments—

(a) any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; and

(b) any award of compensation paid under a Criminal Injuries Compensation Scheme.”.

(4) In regulation 37 (interest in land)—

(a) in paragraph (1) omit “, subject to paragraphs (2) and (3),”, and

(b) omit paragraphs (2) to (4) and renumber regulation 37 accordingly.

(5) In regulation 38 (subject matter of the dispute disregard) after paragraph (3) insert—

“(4) Where the individual resides in more than one dwelling, the Director must decide which is the main dwelling for the purposes of this regulation and regulation 39.”.

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

(a) at the end of paragraph (1)(d) omit “and”;

(b) after paragraph (1)(e) insert—

“(f) any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or a Relevant Infected Blood Support Scheme;

(g) any payment made under the Vaccine Damage Payments Act 1979; and

(h) any payment by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions.”, and

(c) after paragraph (2) insert—

“(2A) In calculating the disposable capital of the individual, the Director may disregard the following payments—

(a) any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; and

(b) any award of compensation under a Criminal Injuries Compensation Scheme.”.

(1)

S.I. 2013/480; relevant amending instruments are S.I. 2013/591, 2015/643, 2015/838, 2016/211, 2016/708, 2017/745, 2019/894

(2)

1995 c. 53

(3)

S.I. 2002/796 (N.I. 1)

(4)

1978 c. 29

(5)

Regulation 24(2) was revoked by S.I. 2019/505

(6)

1979 c. 17