2009 No. 212

Legal Services Commission, England And Wales

The Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 26 of and paragraph 8(2) of Schedule 3 to the Access to Justice Act 19991.

Citation, commencement, interpretation and relevant authority1

1

These Regulations may be cited as the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009 and come into force on 2nd March 2009.

2

In these Regulations—

a

“the 1992 Act” means the Social Security Contributions and Benefits Act 19922;

b

“the 1999 Act” means the Access to Justice Act 1999;

c

“the 2006 Regulations” means the Criminal Defence Service (Financial Eligibility) Regulations 20063;

d

“disregarded benefit” means a benefit excluded from the calculation of gross annual income as defined in regulation 2 of the 2006 Regulations;

e

“Independent Living Funds” has the same meaning as in the 2006 Regulations;

f

“qualifying benefit” means a benefit for the purposes of regulation 5(3) of the 2006 Regulations.

3

The Legal Services Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the 1999 Act, has delegated its functions under paragraph 2A of Schedule 3 to the 1999 Act is the relevant authority for the purposes of paragraph 6 of Schedule 3 to the 1999 Act and is referred to in these Regulations as “the relevant authority”.

Prescribed benefits

2

The benefits prescribed for the purposes of paragraph 6(2)(e) of Schedule 3 to the 1999 Act are those listed in the Table in this regulation.

Prescribed benefits

Qualifying benefit

Payable under

Provision

Income support

The 1992 Act

Section 124

Income-based jobseeker’s allowance

Jobseekers Act 19954

Part I

Guarantee credit

State Pension Credit Act 20025

Section 1(3)(a)

Income-related employment and support allowance

Welfare Reform Act 20076

Section 1(2)(b)

Disregarded benefit

Payable under

Provision

Attendance allowance

The 1992 Act

Section 64

Severe disablement allowance

The 1992 Act

Section 68

Carer’s allowance

The 1992 Act

Section 70

Disability living allowance

The 1992 Act

Section 71

Constant attendance allowance

The 1992 Act

Section 104 and paragraphs 4 and 7(2) of Schedule 8

Council tax benefit

The 1992 Act

Section 131

Any direct payment

Regulations under the Health and Social Care Act 20017

Section 57(1)

Any direct payment

The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 20048

Any exceptionally severe disablement allowance

The Personal Injuries (Civilians) Scheme 19839

Any pension

The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 200610

Any payments out of the Independent Living Funds

Other benefits

Payable under

Provision

Bereavement benefits

The 1992 Act

Sections 36, 39A and 39B

Incapacity benefit

The 1992 Act

Section 30A

Long-term incapacity benefit for widows and widowers

The 1992 Act

Sections 40 and 41

Industrial injuries benefit

The 1992 Act

Section 94

Contribution-based jobseeker’s allowance

Jobseekers Act 1995

Part I

Contribution-based employment and support allowance

Welfare Reform Act 200711

Section 1(2)(a)

Maternity allowance

The 1992 Act

Section 35

Statutory maternity pay

The 1992 Act

Part XII

Statutory paternity pay

The 1992 Act

Part 12ZA

Statutory adoption pay

The 1992 Act

Part 12ZB

Category A and Category B retirement pension

The 1992 Act

Sections 44, 48A, 48B, 48BB and 51

Shared additional pension

The 1992 Act

Section 55A

Widow’s benefit

The 1992 Act

Sections 37 and 38

Housing benefit

The 1992 Act

Section 130

Job grant, return to work credit or in-work credit

Employment and Training Act 197312

Section 2

3

An information request made under paragraph 6 of Schedule 3 to the 1999 Act by the relevant authority may include a request for the disclosure of the amount the individual is receiving by way of any prescribed benefit.

Signed by authority of the Lord Chancellor

BachParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Regulations)

Under Schedule 3 to the Access to Justice Act 1999 the authority responsible for granting rights to publicly funded representation for criminal cases may make an information request to the Secretary of State for information about an individual who has applied for representation, to facilitate the making of decisions about financial eligibility. The information may include information about the individual’s benefit status. These Regulations prescribe the relevant benefits and permit the authority to seek information about the amount of any prescribed benefits being received.

The impact assessment which was prepared for section 57 of the Criminal Justice and Immigration Act 2008 is applicable to this instrument. It is available at www.justice.gov.uk/publications/criminal-justice-bill.htm and from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ.