The Criminal Defence Service (Financial Eligibility) Regulations 2006

Interpretation

2.—(1) In these Regulations—

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

“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 Care Provider) Regulations 1999(1);

(d)

persons registered under Part XA of the Children Act 1989(2);

(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(3);

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 any child for whom either or any of them is responsible in accordance with regulation 10 of the Council Tax Benefit Regulations 2006(4), or in respect of care provided by a relative of the child wholly or mainly in the child’s home;

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

“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(5)—

(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)

council tax benefit;

(vii)

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(6) or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004(7);

(c)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(8);

(d)

any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006(9);

(e)

any Independent Living Funds payments;

(f)

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

“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1983) Fund;

“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 (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 (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 he 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;

“representation 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 paragraph 2A of Schedule 3 to the Act;

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

(2) Subject to the proviso in regulation 7(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 his partner.

(1)

S.I. 1999/3110.

(2)

1989 c.41; Part XA and Schedule 9A were inserted by section 79 of the Care Standards Act 2000 (c.14).

(3)

2002 c.21.

(4)

S.I. 2006/215.

(5)

1992 c.4.

(6)

S.I. 2003/762.

(7)

S.I. 2004/1748.

(8)

S.I. 1983/686.

(9)

S.I. 2006/606.