EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (the “principal Regulations”) to give effect to the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007 (“the 2007 Hague Convention”), for the recognition, enforcement or establishment of a decision in relation to maintenance. The amendments come into force on the same day that the principal Regulations come into force, 1st April 2013.
These Regulations amend regulation 5 of the principal Regulations. Regulation 5 sets out the exceptions from the requirement that the Director, before determining that an individual qualifies for civil legal services, must make a determination that the individual’s financial resources are such that the individual is eligible for civil legal services. Therefore for the matters set out in regulation 5, the individual will not be subject to a means test.
Regulation 2(2)(b) amends regulation 5 of the principal Regulations to provide that family help (higher) or legal representation are available for a matter described in new sub-paragraph (ja) without being subject to a means test. This is for cases where Article 17(b) of the 2007 Hague Convention applies, which provides for free legal assistance if the individual previously received legal aid for the matter in the State of origin.
Regulation 2(2)(d) amends regulation 5 of the principal Regulations to provide that legal help, family help (lower), family help (higher) and legal representation are available for a matter described in new sub-paragraph (ka) without being subject to a means test. This is for cases where a creditor makes an application concerning maintenance obligations towards a person under the age of 21, arising from a parent-child relationship.
The Regulations also correct an error in regulation 5 of the principal Regulations.