The Criminal Defence Service (Contribution Orders) Regulations 2009

PART 1 INTRODUCTION

Citation, commencement and application

1.—(1) These Regulations may be cited as the Criminal Defence Service (Contribution Orders) Regulations 2009 and come into force—

(a) in relation to any magistrates’ court in any of the local justice areas listed in the first part of the table in Schedule 1 to these Regulations, on 11th January 2010; and

(b) in relation to any other magistrates’ court in any of the courts board areas listed—

(i) in the second part of that table, on 12th April 2010;

(ii) in the third part of that table, on 26th April 2010;

(iii) in the fourth part of that table, on 10th May 2010;

(iv) in the fifth part of that table, on 17th May 2010;

(v) in the sixth part of that table, on 24th May 2010;

(vi) in the seventh part of that table, on 14th June 2010;

(vii) in the eighth part of that table, on 28th June 2010.

(2) These Regulations apply only to an application for a representation order or a notice of appeal which is received by a magistrates’ court on or after the date on which these Regulations come into force in relation to that court.

Interpretation

2.—(1) In these Regulations—

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

“capital contribution order” means a contribution order based on an individual’s capital;

“child care costs” means the costs of care which is provided by one or more of the following care providers—

(a)

a school on school premises, out of school hours;

(b)

a local authority, out of school hours—

(i)

for children who are not disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 15th birthday;

(ii)

for children who are disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 16th birthday;

(c)

a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999(1);

(d)

persons registered under Part 3 of the Childcare Act 2006(2) or Part XA of the Children Act 1989(3);

(e)

persons referred to in paragraph 1 or 2 of Schedule 9A to the Children Act 1989, in schools or establishments referred to in those paragraphs;

(f)

persons prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002(4);

other than costs paid in respect of the child’s compulsory education or by the individual to his partner (or vice versa) in respect of—

(i)

any child for whom either or both of them is or are responsible in accordance with regulation 10 of the Council Tax Benefit Regulations 2006(5), or

(ii)

care provided by a relative of the child wholly or mainly in the child’s home;

and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;

“the Commission” means the Legal Services Commission established under section 1 of the Act;

“disposable capital” means the capital of the individual, calculated in accordance with regulations 13 to 18;

“gross annual income” means total annual income, as at the date of the application for a representation order, from all sources, other than the receipt of any of the following—

(a)

any of the following payments made under the Social Security Contributions and Benefits Act 1992(6)—

(i)

attendance allowance paid under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;

(vi)

housing benefit;

(vii)

council tax benefit;

(viii)

any payment made out of the social fund;

(b)

any direct payments made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003(7) or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004(8);

(c)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(9);

(d)

any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(10);

(e)

any Independent Living Funds payments;

(f)

any financial support paid under an agreement for the care of a foster child;

(g)

any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002(11);

“income contribution order” means a contribution order based on an individual’s income;

“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006);

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“partner” means a person with whom the individual lives as a couple, and includes a person with whom the individual is not currently living but from whom the individual is not living separate and apart;

“period of calculation” means the period of one year ending on the date on which an application for a representation order is made;

“qualifying benefit” means—

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

guarantee credit under section 1(3)(a) of the State Pension Credit Act 2002(12);

(d)

income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007(13).

“representation order” means a document granting a right to representation under section 14 of the Act.

(2) In these Regulations “assessing authority” means the Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the Act, has delegated its functions under section 17A of the Act, and there may be a different assessing authority for different functions.

(3) Subject to the proviso in regulation 25(1), in these Regulations a reference to the financial resources, income or financial circumstances of the individual includes a reference to the financial resources, income or financial circumstances of the individual’s partner.

Relevant authority

3.  The relevant authority for the purposes of section 17A of the Act is the assessing authority.

(1)

S.I. 1999/3110; the Regulations were partially revoked by S.I. 2007/2480.

(2)

2006 c. 21.

(3)

1989 c. 41. Part XA and Schedule 9A were inserted by section 79 of the Care Standards Act 2000 (c. 14). Part XA was repealed in part by section 103 of, paragraph 5 of Schedule 2 to and Part 2 of Schedule 3 to, the Childcare Act 2006. .

(4)

2002 c. 21.

(5)

S.I. 2006/215.

(6)

1992 c. 4.

(7)

S.I. 2003/762.

(8)

S.I. 2004/1748 (W.185).

(9)

S.I. 1983/686.

(10)

S.I. 2006/606.

(11)

2002 c. 29.

(12)

2002 c. 16.

(13)

2007 c. 5.