LegalizeThe Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
- (1) Subject to paragraphs (2) and (3), in calculating the disposable capital of the individual, the value (after the application of regulations 37 and 38) of the individual's interest (if any) in the main or only dwelling in which the individual resides must be disregarded.
- (2) The total amount to be disregarded under this regulation must not exceed £100,000.
- (3) Where an individual (“A”) resides in a dwelling other than the main or only dwelling in which A has an interest, the Director must apply paragraph (1) to A’s interest in the main or only dwelling where the following conditions are met—
- (a) A’s residence in the other dwelling (which is not the main or only dwelling) is temporary;
- (b) A previously resided in the main or only dwelling with another individual (“B”);
- (c) A and B are associated with each other;
- (d) A no longer resides in the main or only dwelling because—
- (i) there has been, or is a risk of, domestic abuse between A and B;
- (ii) A was, or is at risk of being, the victim of that domestic abuse; and
- (iii) B continues to reside in the main or only dwelling; and
- (e) the Director is satisfied that A intends to return to reside in the main or only dwelling.
- (4) For the purposes of paragraph (3), when determining A’s main or only dwelling the Director must exclude the dwelling in which A’s residence is temporary.
- (5) In this regulation, “associated” and “domestic abuse” have the same meanings as in paragraph 12 of Part 1 of Schedule 1 to the Act.
Certain payments to be disregarded
40
- (1) In calculating the disposable capital of the individual, there must be disregarded—
- (a) so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;
- (b) any—
- (i) payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or
- (ii) arrears of payments made under the Community Care (Direct Payments) Act 1996 or sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments) , section 57 of the Health and Social Care Act 2001 or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments); or
- (iii) payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; ...
- (c) any payment made out of the Independent Living Fund 2006 or by or under the Welsh Independent Living Grant;
- (d) any payment made under the Windrush Compensation Scheme; ...
- (e) any Windrush connected payment.
- (f) any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, a Relevant Infected Blood Support Scheme, the Infected Blood Interim Compensation Payment Scheme, the Infected Blood Further Interim Compensation Payment Scheme, the Infected Blood Compensation Scheme, or arrangements made by the Secretary of State or the Minister for the Cabinet Office under section 56(1) of the Victims and Prisoners Act 2024;
- (g) any payment made under the Vaccine Damage Payments Act 1979; ...
- (h) any payment by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions ;
- (i) a payment made under the Social Security (Additional Payments) Act 2022;
- (j) a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022;
- (k) any payment for historical child abuse;
- (l) any Modern Slavery Victim Care Contract or equivalent payment;
- (m) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988;
- (n) any payment of arrears for—
- (i) a benefit, allowance, payment, credit, or pension, under a social security enactment; or
- (ii) child maintenance,
received by an individual at any time within the period of two years ending with the date on which the individual’s application for a determination in respect of civil legal services is made.
- (2) In calculating the disposable capital of the individual, the Director may , subject to paragraphs (2B) and (2C), disregard any payment that meets all of the following conditions—
- (a) the payment was made to an individual who is a victim of the fire at Grenfell Tower;
- (b) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower, and
- (c) the payment was not made directly to the individual by an individual known personally to the individual.
- (2A) In calculating the disposable capital of the individual, the Director may , subject to paragraphs (2B) and (2C), disregard the following payments—
- (a) any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; ...
- (b) any award of compensation under a Criminal Injuries Compensation Scheme;
- (c) any payment of arrears for—
- (i) a benefit, allowance, payment, credit, or pension, under a social security enactment; or
- (ii) child maintenance,
received by an individual on a date falling more than two years before the date on which the individual’s application for a determination in respect of civil legal services is made;
- (d) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012.
- (2B) In determining whether to disregard any payment falling within paragraphs (2) and (2A)—
- (a) subject to sub-paragraph (b), the Director may disregard the whole of a 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 disregard 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 disregard the whole of the payment.
- (2C) In determining whether to disregard any payment falling within paragraphs (2) and (2A), the Director may disregard the whole of a payment 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 civil legal service the individual has applied for or receives.
- (2D) In calculating the disposable capital of the individual—
- (a) subject to sub-paragraph (b), the Director may disregard the whole of a 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 disregard 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 disregard the whole of the payment.
- (2E) In calculating the disposable capital of the individual, the Director may disregard the whole of a payment 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 civil legal service the individual has applied for or receives.
- (2F) In—
- (a) paragraphs (2B) and (2D), “loss of income”; “personal harm”; and “specified purpose” have the same meanings as in regulation 24(3F)(a);
- (b) paragraphs (2D) and (2E), “payment” has the same meaning as in regulation 24(3F)(b).
- (3) In this regulation—
- (a) “child maintenance” means regular payments an individual receives or is entitled to receive for the maintenance of a child who is a member of that individual’s household;
- (b) “fire at Grenfell Tower”; “Grenfell Tower”; and “victim of the fire at Grenfell Tower” have the same meanings as in regulation 24(4).
Disregards for individuals aged 60 or over
41
- (1) Where—
- (a) the individual is aged 60 or over; and
- (b) the monthly disposable income (excluding any net income derived from capital) of the individual is less than the first figure prescribed in regulation 44(2)(b) (£315),
the amount of capital shown in Table 1 must be disregarded.
- (2) For the purposes of paragraph (1)(b), an individual who is properly in receipt, directly or indirectly, of a benefit listed in regulation 6(2) or (3) is deemed to have a monthly disposable income of nil.
| Monthly disposable income (excluding net income derived from capital) | Amount of capital disregard |
|---|---|
| Up to £25 | £100,000 |
| £26-50 | £90,000 |
| £51-75 | £80,000 |
| £76-100 | £70,000 |
| £101-125 | £60,000 |
| £126-150 | £50,000 |
| £151-175 | £40,000 |
| £176-200 | £30,000 |
| £201-225 | £20,000 |
| £226-315 | £10,000 |
Discretion to disregard interim payments
42
- (1) Where an application is made for legal representation or family help (higher), in calculating the disposable capital of the individual, any interim payment made to the individual in any court proceedings may be disregarded.
- (2) For the purposes of this regulation, an interim payment does not include any payment which falls within—
- (a) regulation 40(2) and (2A); and
- (b) the definition of “payment” in regulation 40(2F)(b).
Discretion to disregard restrained assets
43
Where an application is made for legal representation or family help (higher), in calculating the disposable capital of the individual, any capital resource may be disregarded where—
- (a) the individual is restrained from dealing with that resource by order of the court;
- (b) the individual has requested the court which made the order to release all or part of that resource for use in connection with the proceedings to which the application relates; and
- (c) that request has been refused.
PART 3 — Payment for services
Contributions
44
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Contributions where more than one certificate in force
45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repayment of excess contributions
46
- (1) Where a determination in relation to which a certificate was issued has been withdrawn and the contribution paid by the individual exceeds the net cost of the civil legal services provided, the excess must be refunded to the individual.
- (2) The net cost of the civil legal services means the cost paid by the Lord Chancellor less any costs recovered by the Lord Chancellor from another party.
- (3) For the purposes of this regulation, where a determination in relation to which a certificate was issued is withdrawn (but not revoked) the cost of the civil legal services does not include the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—
- (a) CPR, Part 47; or
- (b) Supreme Court Rules, Part 7 .
Consequences of revocation
47
Where the Director has revoked a determination in relation to which a certificate was issued—
- (a) the individual must pay to the Lord Chancellor all costs paid or payable by the Lord Chancellor under the certificate, less any amount already paid by way of contribution; and
- (b) the provider specified in the certificate has the right to recover from the individual the difference between the amount paid or payable to the provider by the Lord Chancellor and the full amount of the provider's costs assessed on the indemnity basis under CPR rule 44.3.
Signed
Signed by authority of the Lord Chancellor
McNally — Minister of State — 2013-02-28
Explanatory note
(This note is not part of the Regulations)
Footnotes
2012 c. 10. Section 42(1) of the Act provides that in Part 1 of the Act “regulations” means regulations made by the Lord Chancellor.
S.I. 1998/3132. There have been numerous amendments, with the relevant Parts of the CPR consolidated, in amended form, in S.I. 2013/262.
Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation) or regulations under that section.
1989 c. 41. Section 31 was amended by section 75 of, and paragraph 1 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43); sections 120 and 121(1) of the Adoption and Children Act 2002 (c. 38) and section 6 of, and paragraph 35 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4).
1984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.
2005 c. 9. Section 21A was inserted by section 50(7) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the Mental Health Act 2007 (c. 12).
The 1980 European Convention on Child Custody is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980.
The 1980 Hague Convention is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980.
The EU Maintenance Regulation is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act to mean Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations.
TPIM notice is defined in paragraph 45(4) of Part 1 of Schedule 1 to the Act to mean a notice under section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011.
The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.
The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.
Section 25 was amended by section 39 of, and paragraph 15 of Schedule 3 to, the Children and Young Persons Act 2008 (c.23) and section 24 of, and paragraph 45 of Schedule 4 to, the Access to Justice Act 1999 (c. 22).
Section 45 was amended by section 52 of, and paragraph 4 of Schedule 6 to, the Family Law Act 1996 (c. 27); section 42 of, and paragraph 1 of Schedule 4 to, the Children and Young Persons Act 2008 (c. 23); section 116 of, and paragraph 19 of Part 1 of Schedule 16 to, the Courts and Legal Services Act 1990 (c. 41); S.I. 2002/253 and S.I. 2004/1771.
Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41); section 10(1) and (6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19); and section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13).
Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 95 will be amended by section 44(6) of the Nationality, Immigration and Asylum Act 2002 at a date to be appointed.
The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.
The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.
1992 c. 4. Section 124 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) at a date to be appointed.
1992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
Section 141 was amended by section 1(1) of the Child Benefit Act 2005 (c. 6).
Section 137 was amended by section 2(1) of the Child Benefit Act 2005.
1998 c. 42. Section 21(1) has been amended but the amendments are not relevant to these Regulations.
The Civil Legal Aid (Family Relationship) Regulations 2012 (S.I. 2012/2684), made under paragraph 12(8)(b) of Part 1 of Schedule 1 to the Act, make provision about when matters arise out of a family relationship for the purpose of paragraph 12.
Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.
Section 70 was amended to provide for carer’s allowance by articles 2 and 3 of, and paragraphs 1 and 2 of the Schedule to, the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).
Section 70 was amended to provide for carer’s allowance by article 3 of the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002 S.R. (NI) 2002 No 321.
Section 131 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
2001 c. 15. Section 57 was amended by section 146(1) to (7) of the Health and Social Care Act 2008 (c. 14) and in relation to Wales, by section 16 of the Social Care Charges (Wales) Measure 2010.
1989 c. 41. Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15); amended by section 39 of, and paragraph 1 and 3 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23); section 160 of, and paragraph 1 of Schedule 14 to, the Health and Social Care Act 2008 (c. 14); section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 47 of, and paragraphs 15 and 17 of Schedule 3 to, the Tax Credits Act 2002; and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5).
1995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
Section 68 was repealed by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958).
Section 68 was repealed by article 62 of, and paragraph 25 of Schedule 8 and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (S.I. 2000/332 (C. 14)).
S.I. 1983/686. Article 15 of the Scheme, under which exceptionally severe disablement allowance is payable, was amended by paragraph 4 of Schedule 1 to the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420). Paragraph 4 of Schedule 3 to the Scheme, which sets out the rate at which exceptionally severe disablement allowance is payable was substituted by paragraph 1 of Schedule 1 to the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 (S.I. 2010/283).
S.I. 2006/606, to which there are amendments not relevant to these Regulations.
S.I. 1987/1967, amended by S.I. 2012/780, S.I. 2003/455 and S.I. 1996/2545; there are other amending instruments but none is relevant.
1992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.
The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.
1995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.
The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.
Editorial notes
2012 c. 10. Section 42(1) of the Act provides that in Part 1 of the Act “regulations” means regulations made by the Lord Chancellor.
S.I. 1998/3132. There have been numerous amendments, with the relevant Parts of the CPR consolidated, in amended form, in S.I. 2013/262.
Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation) or regulations under that section.
1989 c. 41. Section 31 was amended by section 75 of, and paragraph 1 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43); sections 120 and 121(1) of the Adoption and Children Act 2002 (c. 38) and section 6 of, and paragraph 35 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4).
1984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.
2005 c. 9. Section 21A was inserted by section 50(7) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the Mental Health Act 2007 (c. 12).
The 1980 European Convention on Child Custody is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980.
The 1980 Hague Convention is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980.
The EU Maintenance Regulation is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act to mean Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations.
TPIM notice is defined in paragraph 45(4) of Part 1 of Schedule 1 to the Act to mean a notice under section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011.
The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.
The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.
Section 25 was amended by section 39 of, and paragraph 15 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23) and section 24 of, and paragraph 45 of Schedule 4 to, the Access to Justice Act 1999 (c. 22).
Section 45 was amended by section 52 of, and paragraph 4 of Schedule 6 to, the Family Law Act 1996 (c. 27); section 42 of, and paragraph 1 of Schedule 4 to, the Children and Young Persons Act 2008 (c. 23); section 116 of, and paragraph 19 of Part 1 of Schedule 16 to, the Courts and Legal Services Act 1990 (c. 41); S.I. 2002/253 and S.I. 2004/1771.
Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41); section 10(1) and (6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19); and section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13).
Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 95 will be amended by section 44(6) of the Nationality, Immigration and Asylum Act 2002 at a date to be appointed.
The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.
The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.
1992 c. 4. Section 124 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) at a date to be appointed.
1992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
Section 141 was amended by section 1(1) of the Child Benefit Act 2005 (c. 6).
Section 137 was amended by section 2(1) of the Child Benefit Act 2005.
Section 71 is to be repealed by section 90 of the Welfare Reform Act 2012 at a date to be appointed.
Section 70 was amended to provide for carer's allowance by articles 2 and 3 of, and paragraphs 1 and 2 of the Schedule to, the Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457).
Section 70 was amended to provide for carer's allowance by article 3 of the Deregulation (Carer's Allowance) Order (Northern Ireland) 2002 S.R. (NI) 2002 No 321.
Section 131 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
2001 c. 15. Section 57 was amended by section 146(1) to (7) of the Health and Social Care Act 2008 (c. 14) and in relation to Wales, by section 16 of the Social Care Charges (Wales) Measure 2010.
1989 c. 41. Section 17A was substituted by section 58 of the Health and Social Care Act 2001 (c. 15); amended by section 39 of, and paragraph 1 and 3 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23); section 160 of, and paragraph 1 of Schedule 14 to, the Health and Social Care Act 2008 (c. 14); section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 47 of, and paragraphs 15 and 17 of Schedule 3 to, the Tax Credits Act 2002; and section 28(1) of, and paragraph 6(1) and (3) of Schedule 3 to, the Welfare Reform Act 2007 (c. 5).
1995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
Section 68 was repealed by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958).
Section 68 was repealed by article 62 of, and paragraph 25 of Schedule 8 and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, but is subject to the savings provision specified in article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (S.I. 2000/332 (C. 14)).
S.I. 1983/686. Article 15 of the Scheme, under which exceptionally severe disablement allowance is payable, was amended by paragraph 4 of Schedule 1 to the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420). Paragraph 4 of Schedule 3 to the Scheme, which sets out the rate at which exceptionally severe disablement allowance is payable was substituted by paragraph 1 of Schedule 1 to the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 (S.I. 2010/283).
S.I. 2006/606, to which there are amendments not relevant to these Regulations.
S.I. 1987/1967, amended by S.I. 2012/780, S.I. 2003/455 and S.I. 1996/2545; there are other amending instruments but none is relevant.
1992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.
The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.
1995 c. 18. Section 26 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.
S.I. 2009/1603 (L. 17).
Words in reg. 5(1) substituted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(a)
Reg. 5(1)(ja) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(b)
Word in reg. 5(1)(k)(ii) deleted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(c)
Reg. 5(1)(ka) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(d)
Word in reg. 24(1)(m) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 49(2)(a)
Reg. 24(1)(o) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 49(2)(b)
Reg. 5(1)(ga) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(a) (with reg. 3)
Reg. 5(1)(ha) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(b) (with reg. 3)
Words in reg. 5(2) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(3) (with reg. 3)
Reg. 5(1)(gb) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(a)
Words in reg. 5(2) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(b)
Reg. 27(3)(4) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(3) (with regs. 3, 4)
Words in reg. 24(1)(g) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 44(2) (with art. 4); S.I. 2015/993, art. 2(a)
Words in reg. 40(b)(ii) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 44(3) (with art. 4); S.I. 2015/993, art. 2(a)
Words in reg. 24(1)(g) inserted (13.4.2015) by The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I. 2015/838), regs. 1(2), 9(a)
Words in reg. 40(b)(ii) inserted (13.4.2015) by The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I. 2015/838), regs. 1(2), 9(b)
Words in reg. 12 heading inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 6(4)(a)
Words in reg. 12(1) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 6(4)(b)
Words in reg. 6(1)(a) substituted (31.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(a), 6(3)
Words in reg. 8(3) substituted (31.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(a), 6(3)
Words in reg. 5(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(a)
Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(b)
Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(c)
Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(d)
Words in reg. 24(1)(g) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 155(a)
Words in reg. 24(1)(g) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 155(b)
Words in reg. 40(b)(ii) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 156(a)
Words in reg. 40(b)(ii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 156(b)
Words in reg. 2(1) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(2)
Words in reg. 6(2)(e) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(3)
Words in reg. 24(1)(m) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(4)(a)
Words in reg. 24(1)(n) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(4)(b)
Reg. 24(1)(p)(q) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(4)(c)
Word in reg. 40(b)(ii) substituted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(a)(i)
Reg. 40(b)(iii) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(a)(ii)
Words in reg. 40(c) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(5)(b)
Reg. 24(3)(4) inserted (14.7.2017) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2017 (S.I. 2017/745), regs. 1, 2(2)
Reg. 40(1): reg. 40 renumbered as reg. 40(1) (14.7.2017) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2017 (S.I. 2017/745), regs. 1, 2(3)
Reg. 40(2)(3) inserted (14.7.2017) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2017 (S.I. 2017/745), regs. 1, 2(4)
Words in reg. 2(1) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 2(2)
Reg. 24(1)(r)(s) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 2(3)
Reg. 40(1)(d)(e) inserted (1.5.2019) by The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (S.I. 2019/894), regs. 1, 2(4)
Words in reg. 6(1)(a) inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 5(2)
Words in reg. 5(1)(k) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(e) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 5(1)(ha) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 5(1)(h) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 5(1)(i) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 5(1)(i)(ii) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(d) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Reg. 6(3) omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 6(2) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)
Reg. 11 omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 6(3) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)
Reg. 24(2) omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 6(4) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 2(1) inserted (8.1.2021) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(2)
Word in reg. 24(1)(p) omitted (8.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(3)(a)
Word in reg. 24(1)(r) omitted (8.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(3)(b)
Word in reg. 40(1)(d) omitted (8.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(2), 2(6)(a)
Words in reg. 37(1) omitted (28.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(3), 2(4)(a)
Reg. 37(2)-(4) omitted (28.1.2021) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(3), 2(4)(b)
Reg. 37(1) renumbered as reg. 37 (28.1.2021) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020 (S.I. 2020/1584), regs. 1(3), 2(4)(b)
Reg. 5(3) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(c) (with reg. 3)
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