Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 20122

1

Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

2

In paragraph 31 (immigration: accommodation for asylum-seekers etc.), in sub-paragraph (1)(a)—

a

after “95”, insert “or 95A”;

b

after “asylum-seekers”, insert “and failed asylum-seekers”.

3

In paragraph 33 (loss of home)—

a

after sub-paragraph (1) insert—

1A

Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –

a

housing matters;

b

debt;

c

a benefit, allowance, payment, credit or pension under—

i

a social security enactment;

ii

the Vaccine Damage Payments Act 19793;

iii

Part 4 of the Child Maintenance and Other Payments Act 20084;

d

a council tax reduction scheme.

b

after sub-paragraph (7) insert—

7A

Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part.

c

after sub-paragraph (8) insert—

8A

The services described in sub-paragraph (1A) do not include advocacy.

d

for sub-paragraph (9), substitute—

9

In this paragraph—

  • “council tax reduction scheme” has the meaning given in paragraph 8A(4);

  • “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10);

  • “housing matters” means matters which concern—

    1. i

      the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;

    2. ii

      the rights of leaseholders under the terms of their lease or under any statutory provision ;

    3. iii

      the allocation and transfer of housing and the provision of sites for occupation,

    but does not include disputes relating to any boundary of a property;

  • “social security enactment” has the meaning given in paragraph 8(3).