2013 No. 626
Social Security

The Personal Independence Payment (Consequential Amendments) Regulations 2013

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 92(1) and (2)(a) of the Welfare Reform Act 20121.
These Regulations are made before the end of the period of 6 months beginning with the coming into force of Part 4 of the Welfare Reform Act 20122.

Citation and commencement1.

These Regulations may be cited as the Personal Independence Payment (Consequential Amendments) Regulations 2013 and come into force on 8th April 2013, immediately after the coming into force of the Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 20133.

Amendment of the Community Legal Service (Financial) Regulations 20002.

(1)

The Community Legal Service (Financial) Regulations 20004 are amended as follows.

(2)

In regulation 19 (calculation of income)5, after paragraph (i) insert—

“(j)

any personal independence payment paid under Part 4 of the Welfare Reform Act 2012.”.

Amendment of the Criminal Defence Service (General) (No.2) Regulations 20013.

(1)

The Criminal Defence Service (General) (No.2) Regulations 20016 are amended as follows.

(2)

In paragraph 8 of Schedule 1 (assessment of resources)7, after sub-paragraph (1)(e) insert—

“(f)

any personal independence payment paid under Part 4 of the Welfare Reform Act 2012.”.

Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 20064.

(1)

The Criminal Defence Service (Financial Eligibility) Regulations 20068 are amended as follows.

(2)

In the definition of “gross annual income”9 in regulation (2)(1) (interpretation), after paragraph (g) insert—

“and

(h)

any personal independence payment paid under Part 4 of the Welfare Reform Act 2012;”.

Amendment of the Criminal Defence Service (Contribution Orders) Regulations 20095.

(1)

The Criminal Defence Service (Contribution Orders) Regulations 200910 are amended as follows.

(2)

In the definition of “gross annual income”11 in regulation (2)(1) (interpretation), after paragraph (h) insert—

“and

(i)

any personal independence payment paid under Part 4 of the Welfare Reform Act 2012;”.

Signed by authority of the Secretary of State

McNally
Minister of State
Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to regulations made under the Access to Justice Act 1999 (c. 22) (the “1999 Act”) that are consequential on the commencement of Part 4 of the Welfare Reform Act 2012 (c. 5), which makes provision in relation to an allowance known as personal independence payment. Though the regulations made under the 1999 Act are repealed on 1st April 2013 upon the commencement of paragraph 51 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), they are saved for certain cases by regulation 6 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) so it is necessary to amend the regulations to make provision for personal independence payment.

Regulations 2 to 5 each insert a reference to personal independence payment into regulations made under the 1999 Act. This adds personal independence payment in the list of payments to be disregarded from an individual’s income when determining whether the individual is financially eligible for legal aid, or is liable to make a contribution towards the costs of their legally aided representation in accordance with those regulations.