2013 No. 628

Legal Aid And Advice, England And Wales

The Legal Aid (Information about Financial Resources) Regulations 2013

Made

Coming into force

The Lord Chancellor makes the following Regulations1 in exercise of the powers conferred by sections 22(3)(f), (4)(h), (5) and (8)2 and 41(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 20123.

The Commissioners for Her Majesty’s Revenue and Customs have agreed to the making of regulations 3 and 4 in accordance with section 22(6) of that Act.

In accordance with section 41(6) and (7)(h) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

PART 1INTRODUCTION

Citation and commencement1

These Regulations may be cited as the Legal Aid (Information about Financial Resources) Regulations 2013 and come into force on 1st April 2013.

Interpretation2

In these regulations—

  • “the 1992 Act” means the Social Security Contributions and Benefits Act 19924;

  • “the 1992 (Northern Ireland) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19925;

  • “the 2002 Act” means the Tax Credits Act 20026;

  • “the 2003 Act” means the Income Tax (Earnings and Pensions) Act 20037;

  • “the 2012 Act” means the Welfare Reform Act 20128;

  • “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

  • “relevant year” means, in relation to an information request under section 22(1) of the Act, the tax year in which that request is made; and

  • “tax year” has the meaning given in section 4 of the Income Tax Act 20079.

PART 2INFORMATION REQUESTS

Information request: prescribed income and capital3

An information request made by the relevant authority to a relevant Northern Ireland Department or the Commissioners under section 22(1)(b) or (c) of the Act may include, in relation to a relevant individual, a request for the disclosure of any of the following information about that individual—

a

for the relevant year and for each of the two tax years that precede the relevant year, the amount of any of the following types of income charged to income tax—

i

employment income under Part 2 of the 2003 Act;

ii

pension income under Part 9 of the 2003 Act;

iii

social security income under Part 10 of the 2003 Act; and

iv

any income under the Income Tax (Trading and Other Income) Act 200510; and

b

for the relevant year and for each of the two tax years that precede the relevant year, the amount of any chargeable gains charged to capital gains tax under the Taxation of Chargeable Gains Act 199211.

Information request: names of companies and partnerships4

An information request made by the relevant authority to a relevant Northern Ireland Department or the Commissioners under section 22(1)(b) or (c) of the Act may include, in relation to a relevant individual, a request for the disclosure of information relating to—

a

whether the individual is, or has at some point during the relevant year or the two tax years that precede the relevant year been, a director of a company and, if so, the name of that company; and

b

whether the individual is, or has at some point during the relevant year or the two tax years that precede the relevant year been, one of two or more persons carrying on a trade, profession or business in partnership and, if so, the name of that partnership.

PART 3PRESCRIBED BENEFITS

Prescribed benefits

5

For the purpose of an information request made by the relevant authority to the Secretary of State for the disclosure of a relevant individual’s benefit status under section 22(3)(e) of the Act, the benefits listed in the Schedule are prescribed benefits.

6

For the purpose of an information request made by the relevant authority to a relevant Northern Ireland Department for the disclosure of a relevant individual’s benefit status under section 22(3)(e) of the Act, the following benefits are prescribed benefits—

a

the benefits listed in the Schedule;

b

child benefit under section 137 of the 1992 (Northern Ireland) Act12;

c

child tax credit under Part 1 of the 2002 Act13;

d

working tax credit under Part 1 of the 2002 Act14; and

e

statutory sick pay under Part 12 of the 1992 (Northern Ireland) Act.

7

For the purpose of an information request made by the relevant authority to the Commissioners for the disclosure of a relevant individual’s benefit status under section 22(4)(g) of the Act, the following benefits are prescribed benefits—

a

child benefit under section 141 of the 1992 Act15;

b

child tax credit under Part 1 of the 2002 Act;

c

working tax credit under Part 1 of the 2002 Act; and

d

statutory sick pay under Part 12 of the 1992 Act.

Prescribed benefits: amount of benefit and elements of benefit8

In any case where a relevant individual is in receipt of a prescribed benefit, the individual’s benefit status includes—

a

the amount the individual is receiving by way of a prescribed benefit; and

b

in respect of benefits that consist of a number of elements, what each of those elements are and the amount included in respect of each element in calculating the benefit amount.

Signed by the authority of the Lord Chancellor

McNallyMinister of StateMinistry of Justice

SCHEDULEPrescribed benefits

Regulations 5 and 6

1

Any payments payable out of—

a

the Independent Living Fund16;

b

the Independent Living (Extension) Fund17;

c

the Independent Living (1993) Fund18; or

d

the Independent Living Fund (2006)19.

2

Job grant, return to work credit or in-work credit payable pursuant to arrangements made under section 2 of the Employment and Training Act 197320 or section 1 of the Employment and Training Act (Northern Ireland) 195021.

3

Any exceptionally severe disablement allowance payable under the Personal Injuries (Civilians) Scheme 198322.

4

Incapacity benefit payable under section 30A of the 1992 Act23 or section 30A of the 1992 (Northern Ireland) Act24.

5

Maternity allowance payable under section 35 of the 1992 Act or section 35 of the 1992 (Northern Ireland) Act.

6

Benefits for surviving spouses and civil partners payable under sections 36, 39A and 39B of the 1992 Act25 or sections 36, 39A and 39B of the 1992 (Northern Ireland) Act26.

7

Benefits for widows payable under sections 37 and 38 of the 1992 Act or sections 37 and 38 of the 1992 (Northern Ireland) Act.

8

Long-term incapacity benefit for widows and widowers payable under sections 40 and 41 of the 1992 Act27 or sections 40 and 41 of the 1992 (Northern Ireland) Act28.

9

Category A and Category B retirement pension payable under sections 44, 48A, 48B, 48BB and 51 of the 1992 Act29 or sections 44, 48A, 48B, 48BB and 51 of the 1992 (Northern Ireland) Act30.

10

Shared additional pension payable under section 55A of the 1992 Act31 or section 55A of the 1992 (Northern Ireland) Act32.

11

Attendance allowance payable under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act.

12

Severe disablement allowance payable under section 68 of the 1992 Act33 or section 68 of the 1992 (Northern Ireland) Act34.

13

Carer’s allowance payable under section 70 of the 1992 Act35 or section 70 of the 1992 (Northern Ireland) Act36.

14

Disability living allowance payable under section 71 of the 1992 Act37 or section 71 of the 1992 (Northern Ireland) Act.

15

Industrial injuries benefit payable under section 94 of the 1992 Act or section 94 of the 1992 (Northern Ireland) Act.

16

Income support payable under section 124 of the 1992 Act38 or section 123 of the 1992 (Northern Ireland) Act.

17

Housing benefit payable under section 130 of the 1992 Act39 or section 129 of the 1992 (Northern Ireland) Act.

18

Council tax benefit payable under section 131 of the 1992 Act40.

19

Statutory maternity pay payable under Part 12 of the 1992 Act or Part 12 of the 1992 (Northern Ireland) Act.

20

Statutory paternity pay payable under Part 12ZA of the 1992 Act41 or Part 12ZA of the 1992 (Northern Ireland) Act42.

21

Statutory adoption pay payable under Part 12ZB of the 1992 Act43 or Part 12ZB of the 1992 (Northern Ireland) Act44.

22

An allowance payable under the Jobseekers Act 1995 or an allowance payable under Part II of the Jobseekers (Northern Ireland) Order 199545.

23

Any direct payment payable under regulations made under section 57(1) of the Health and Social Care Act 200146 or section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 200247.

24

Guarantee credit payable under section 1(3)(a) of the State Pension Credit Act 200248 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 200249.

25

Any pensions payable under The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200650.

26

An allowance payable under Part 1 of the Welfare Reform Act 2007 or an allowance payable under section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 200751.

27

Universal credit payable under Part 1 of the 2012 Act.

28

Personal independence payment payable under Part 4 of the 2012 Act.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) provides that the relevant authority (in practice, the Director of Legal Aid Casework) may make an information request to the Secretary of State, a relevant Northern Ireland Department (defined in section 22(8) of the Act as the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland) or the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”) for the purposes of facilitating a determination about an individual’s financial resources for the purpose of legal aid available under Part 1 of the Act.

Section 22(3) of the Act sets out the information that may be requested from the Secretary of State or a relevant Northern Ireland Department and section 22(4) of the Act sets out the information that may be requested from the Commissioners. Regulations 3 and 4 prescribe additional information that may be requested from a relevant Northern Ireland Department and the Commissioners.

Section 22(3)(e) and (4)(g) of the Act provide that the relevant authority may request information about the benefit status of an individual. Regulations 5, 6 and 7, and the Schedule specify the particular benefits in relation to which an individual’s benefit status may be requested.

Regulation 8 prescribes cases in which an individual’s benefit status includes the amount of a prescribed benefit an individual is receiving, and where the benefit consists of a number of elements, what those elements are and how much the individual is receiving in respect of each element of the benefit.