Part 1Legal aid

Financial resources

22Information about financial resources

1

The relevant authority may make an information request to—

a

the Secretary of State,

b

a relevant Northern Ireland Department, or

c

the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”).

2

An information request may be made only for the purposes of facilitating a determination about an individual’s financial resources for the purposes of this Part.

3

An information request made to the Secretary of State or a relevant Northern Ireland Department under this section may request the disclosure of some or all of the following information—

a

a relevant individual’s full name and any previous names;

b

a relevant individual’s address and any previous addresses;

c

a relevant individual’s date of birth;

d

a relevant individual’s national insurance number;

e

a relevant individual’s benefit status at a time specified in the request;

f

information of a prescribed description.

4

An information request made to the Commissioners under this section may request the disclosure of some or all of the following information—

a

whether or not a relevant individual is employed or was employed at a time specified in the request;

b

the name and address of the employer;

c

whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;

d

the name under which it is or was carried on;

e

the address of any premises used for the purposes of carrying it on;

f

a relevant individual’s national insurance number;

g

a relevant individual’s benefit status at a time specified in the request;

h

information of a prescribed description.

5

The information that may be prescribed under subsections (3)(f) and (4)(h) includes, in particular, information relating to—

a

prescribed income of a relevant individual for a prescribed period, and

b

prescribed capital of a relevant individual.

6

Information may not be prescribed under subsection (4)(h) without the Commissioners’ consent.

7

The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this section.

8

In this section—

  • “benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—

    1. a

      which benefit or benefits the individual is receiving,

    2. b

      whether the individual is entitled to the benefit or benefits alone or jointly,

    3. c

      in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and

    4. d

      in prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;

  • “the relevant authority” means—

    1. a

      a prescribed person, or

    2. b

      in relation to circumstances for which no person is prescribed, the Director;

  • “a relevant individual”, in relation to an information request for the purposes of a determination about an individual’s financial resources, means—

    1. a

      that individual, and

    2. b

      any other individual whose financial resources are or may be relevant for the purposes of the determination;

  • “relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.