The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024

Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013

3.—(1) The Criminal Legal Aid (Financial Resources) Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation), insert at the appropriate places—

““fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;”;

““Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;”;

““loss of income” includes past and future loss of income;”;

““Modern Slavery Victim Care Contract or equivalent payment” means any payment of government-funded financial assistance made—

(a)

in England and Wales under the Modern Slavery Victim Care Contract in accordance with guidance issued by the Secretary of State under section 49 of the Modern Slavery Act 2015;

(b)

in Northern Ireland under section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

(c)

in Scotland under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or regulations made under section 10 of that Act;”;

““personal harm” means a non-pecuniary loss or harm caused to an individual;”;

““specified purpose” means an essential need of an individual and does not include a payment for financial-only loss;”;

““victim of the fire at Grenfell Tower” means an individual who is any one or more of the following—

(a)

an individual living in Grenfell Tower on 14th June 2017;

(b)

an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower;

(c)

an individual who was injured in, or as a result of, the fire at Grenfell Tower;

(d)

an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower;

(e)

a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met); or

(f)

a personal representative of an individual who died in the fire at Grenfell Tower;”;

““the Victims of Overseas Terrorism Compensation Scheme 2012” means the government-funded compensation scheme established under arrangements made by the Secretary of State under section 47 of the Crime and Security Act 2010;”.

(3) In regulation 11 (disposable income: deductions)—

(a) in paragraph (3)—

(i) after sub-paragraph (j) omit “and”;

(ii) after sub-paragraph (o) insert—

“(p) any Modern Slavery Victim Care Contract or equivalent payment;

(q) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.”;

(b) after paragraph (3) insert—

“(4) To calculate the disposable income of an individual in accordance with regulation 6(1), the Director may, subject to paragraphs (5) and (6), deduct the amounts as were paid to the individual during the period of calculation in respect of—

(a) any payment that meets all of the following conditions—

(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and

(iii) the payment was not made directly to the individual by an individual known personally to the individual;

(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.

(5) In determining whether to deduct an amount for any payment under paragraph (4)—

(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount as was paid to the individual during the period of calculation where the following conditions are met—

(i) the payment was for personal harm or was for a specified purpose; and

(ii) the payment was not for a loss of income;

(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—

(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may deduct only the amount of the part which is not for a loss of income; or

(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may deduct the whole of the amount,

as was paid to the individual during the period of calculation.

(6) In calculating the disposable income of an individual in accordance with regulation 6(1), the Director may deduct the whole of the amount as was paid to the individual during the period of calculation in respect of any payment within paragraph (4) where there is a direct link between—

(a) the loss or harm suffered by an individual for which the payment has been made; and

(b) the legal service the individual has applied for or receives under section 15 of the Act(2).”.

(4) In regulation 13 (disposable capital: deductions)—

(a) in paragraph (1)—

(i) after sub-paragraph (a)(iii) omit “and”;

(ii) after sub-paragraph (f) insert—

“(g) any Modern Slavery Victim Care Contract or equivalent payment;

(h) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.”;

(b) after paragraph (1) insert—

“(1A) To calculate the disposable capital of an individual in accordance with regulation 6(2), the Director may, subject to paragraphs (1B) and (1C), deduct the following amounts—

(a) any payment that meets all of the following conditions—

(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and

(iii) the payment was not made directly to the individual by an individual known personally to the individual;

(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.

(1B) In determining whether to deduct an amount for any payment within paragraph (1A)—

(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount of the payment where the following conditions are met—

(i) the payment was for personal harm or was for a specified purpose; and

(ii) the payment was not for a loss of income;

(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—

(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may deduct only the amount of the part which is not for a loss of income; or

(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may deduct the whole of the amount of the payment.

(1C) In calculating the disposable capital of an individual in accordance with regulation 6(2), the Director may deduct the whole of the amount of any payment within paragraph (1A) where there is a direct link between—

(a) the loss or harm suffered by an individual for which the payment has been made; and

(b) the legal service the individual has applied for or receives under section 15 of the Act.”.

(5) In regulation 20 (assessment of resources: gross annual income)—

(a) at the end of paragraph (1) for “paragraph (2)” substitute “paragraphs (2) to (2C)”;

(b) in paragraph (2), after sub-paragraph (m) insert—

“(n) any Modern Slavery Victim Care Contract or equivalent payment;

(o) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.”;

(c) after paragraph (2) insert—

“(2A) Subject to paragraphs (2B) and (2C), the Director may deduct the following amounts if they are paid to the individual during the period of calculation—

(a) any payment that meets all of the following conditions—

(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and

(iii) the payment was not made directly to the individual by an individual known personally to the individual;

(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.

(2B) In determining whether to deduct an amount for any payment within paragraph (2A)—

(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where the following conditions are met—

(i) the payment was for personal harm or was for a specified purpose; and

(ii) the payment was not for a loss of income;

(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—

(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may deduct only the amount of the part which is not for a loss of income; or

(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may deduct the whole of the amount,

if it is paid to the individual during the period of calculation.

(2C) In determining whether to deduct an amount for any payment within paragraph (2A), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where there is a direct link between—

(a) the loss or harm suffered by an individual for which the payment has been made; and

(b) the legal service the individual has applied for or receives under section 16 of the Act(3).”.

(6) In regulation 33 (assessment of resources: gross annual income)—

(a) at the end of paragraph (1) for “paragraph (2)” substitute “paragraphs (2) to (2C)”;

(b) in paragraph (2), after sub-paragraph (m) insert—

“(n) any Modern Slavery Victim Care Contract or equivalent payment;

(o) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988.”;

(c) after paragraph (2) insert—

“(2A) Subject to paragraphs (2B) and (2C), the Director may deduct the following amounts if they are paid to the individual during the period of calculation—

(a) any payment that meets all of the following conditions—

(i) the payment was made to an individual who is a victim of the fire at Grenfell Tower;

(ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and

(iii) the payment was not made directly to the individual by an individual known personally to the individual;

(b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.

(2B) In determining whether to deduct an amount for any payment within paragraph (2A)—

(a) subject to sub-paragraph (b), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where the following conditions are met—

(i) the payment was for personal harm or was for a specified purpose; and

(ii) the payment was not for a loss of income;

(b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income—

(i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may deduct only the amount of the part which is not for a loss of income; or

(ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may deduct the whole of the amount,

if it is paid to the individual during the period of calculation.

(2C) In determining whether to deduct an amount for any payment within paragraph (2A), the Director may deduct the whole of the amount if it is paid to the individual during the period of calculation where there is a direct link between—

(a) the loss or harm suffered by an individual for which the payment has been made; and

(b) the legal service the individual has applied for or receives under section 16 of the Act.”.

(1)

S.I. 2013/471; relevant amending instruments are S.I. 2013/591, 2013/2791, 2015/643, 2015/838, 2016/211, 2016/708, 2019/894, 2022/1376.

(2)

2012 c. 10; section 15 was applied by article 29(1)(b) of S.I. 2018/187.

(3)

2012 c. 10; section 16 was applied by article 29(1)(b) of S.I. 2018/187.