The Civil Legal Aid (Assessment of Resources) (Amendment) Regulations 1992

Made12th March 1992

Laid before Parliament12th March 1992

Coming into force6th April 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 19881 and with the consent of the Treasury, hereby makes the following Regulations:

1

These Regulations may be cited as the Civil Legal Aid (Assessment of Resources) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.

2

Save as is otherwise provided, in these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Civil Legal Aid (Assessment of Resources) Regulations 19892.

3

1

Subject to paragraph (2), these Regulations shall apply any assessment or reassessment of resources under the Civil Legal Aid (Assessment of Resources) Regulations 1989 where the period of computation begins on or after 6th April 1992 and the provisions of those Regulations shall apply to any assessment or reassessment in which the period of computation begins before that date as if these Regulations had never been made.

2

Regulation 5 of these Regulations shall apply to all assessments and reassessments made on or after 6th April 1992.

3

In this regulation “period of computation” has the meaning assigned by regulation 3.

4

In regulation 4—

a

in paragraph (2) for the figures “£6,350” and “£6,310” there shall be substituted the figures “£6,800” and £6,75” respectively;

b

in paragraph (3) for the figures “£7,000” and “£8,000” there shall be substituted the figures “£7,500” and £8,560” respectively;

c

in paragraph (4)(a) for the figure “£2,860” there shall be substituted the figure “£3,060”.

5

For sub-paragraph (b) of paragraph 6 of Schedule 2 there shall be substituted the following new sub-paragraph—

b
disability living allowance paid under section 37ZA of the Social Security Act 19753;

6

For the table in paragraph 14A of Schedule 3 there shall be substituted the following new table:—

annual disposable income (excluding net income derived from capital)	amount of capital disregard
up to £350	£35,000
£351—800	£30,000
£801—1,200	£25,000
£1,201—1,600	£20,000
£1,601—2,050	£15,000
£2,051—2,450	£10,000
£2,451 and above	£5,000

Mackay of Clashfern, C.Dated 11th March 1992.

We consent,

Thomas SackvilleIrvine PatnickTwo of the Lords Commissioners of Her Majesty’s TreasuryDated 12th March 1992

(This note is not part of the Regulations)

These regulations amend the Civil Legal Aid (Assessment of Resources) Regulations 1989 by increasing (1) the free limit and eligibility limit of disposable income for civil legal aid, (2) the eligibility limit for disposable capital and (3) the amount of extra capital disregard which is available to pensioners on low incomes. There is also an amendment to allow for the disregard of any disability living allowance which the person being assessed or his spouse might receive.