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The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019

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EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends regulations made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) which deal with an individual’s financial eligibility for criminal and civil legal aid and the liability of an individual to pay a contribution towards the cost of services received. Regulation 2 of this instrument amends the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480), regulation 3 amends the Criminal Legal Aid (Financial Resources) Regulations 2013 (S.I. 2013/471), and regulation 4 amends the Criminal Legal Aid (Contribution Orders) Regulations 2013 (S.I. 2013/483).

The amendments provide that in the assessment of an individual’s income and capital resources, payments made under, or in connection with, the Windrush Compensation Scheme must be disregarded. This Scheme was launched on 3rd April 2019 and is administered by the Home Office; details can be seen at www.gov.uk/windrush-compensation. Hard copies of the Scheme can be obtained from the Windrush Helpline: telephone: +44 (0)800 678 1925; email: WindrushCompensationScheme@homeoffice.gov.uk. The effect of the amendments is that the receipt of any payments from the Windrush Compensation Scheme will not impact on an individual’s financial eligibility for legal aid, or liability to pay a contribution towards the cost of legal services.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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