Legal Aid (Assessment of Resources) Regulations, 1960
| Jurisdiction | UK Non-devolved |
| Citation | SI 1960/1471 |
| Year | 1960 |
1960 No. 1471
LEGAL AID
The Legal Aid (Assessment of Resources) Regulations, 196016thAugust 1960
19thAugust 1960
22ndAugust 1960
In pursuance of the powers conferred upon me by section 4 of the Legal Aid and Advice Act, 1949(a), and all other powers enabling me in this behalf, I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, with the concurrence of the Treasury, hereby make the following regulations:—
Citation, interpretation and commencement
1.—(1) These regulations may be cited as the Legal Aid (Assessment of Resources) Regulations, 1960, and shall come into operation on the twenty-second day of August, 1960.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Legal Aid and Advice Act, 1949, as amended by the Legal Aid Act, 1960(b).
"the Board" means the National Assistance Board.
"a certificate" means a Civil Aid Certificate issued in accordance with regulations made under the Act.
"child" means a child or stepchild of the person concerned, which child is either (i) under the upper limit of compulsory school age, that is to say, the age that is for the time being the upper limit of compulsory school age by virtue of section 35 of the Education Act, 1944(c), together with any Order in Council made under that section, or (ii) over the limit of compulsory school age and either receiving full-time instruction at an educational establishment or undergoing training for a trade, profession or vocation.
"the committee" means an Area or Local Committee set up by a scheme made under section 8 of the Act by whom the Board are requested to determine the disposable income and the disposable capital and the maximum contribution of any person or any Committee so set up by whom a certificate is amended, revoked or discharged, as the case may require.
"income" includes benefits and privileges; the income of the person concerned does not include any sum payable under the order of a court or under any instrument to that person for the purpose of the maintenance of an infant.
"the period of computation" means the period of 12 months next ensuing from the date of the application for a certificate or such other period of 12 months as in the particular circumstances of any case the Board may consider to be appropriate.
"the person concerned" means the person whose disposable income and disposable capital are to be determined or the person whose resources are to be treated as the resources of any other person, as the case may require.
(a) 12, 13 & 14 Geo. 6. c. 51.
(b) 8 & 9 Eliz. 2. c. 28.
(c) 7 & 8 Geo. 6. c. 31.
(3) The Interpretation Act, 1889(a), shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
Revocation of regulations
2. The Legal Aid (Assessment of Resources) Regulations, 1950(b), and the Legal Aid (Assessment of Resources) Amendment Regulations, 1959(c), are hereby revoked.
Subject matter of dispute
3. In computing the disposable income or the disposable capital of the person concerned there shall be excluded the value of the subject matter of the dispute in respect of which application has been made for a certificate.
Resources of a spouse
4.—(1) Except as otherwise provided in the next succeeding paragraph of this regulation, in computing the income and the capital of the person concerned the resources of his or her spouse shall be treated as his or her resources.
(2) The resources of the spouse of the person concerned shall not be treated as his or her resources if—
(i) the spouse has a contrary interest in the dispute in respect of which application for a certificate is made; or
(ii) the person concerned and the spouse are living separate and apart; or
(iii) it would in the circumstances of the case be either inequitable or impracticable to make the resources of one spouse available to the other spouse.
Resources of an infant applicant
5.—(1) Where an application for a certificate is made by or on behalf of an infant who is under the upper limit of compulsory school age, there may, in addition to the resources of the infant, be taken into account the disposable income and disposable capital of such other person or persons, being one or more of the following persons, as the Board, having regard to all the circumstances, including the age and resources of the infant, may decide, that is to say:—
(i) any person who under section 42 of the National Assistance Act, 1948(d), is liable to maintain the infant;
(ii) any person having the care and control of the infant, not being a person having such care and control by reason of any contract or for some temporary purpose.
(2) Where an application for a certificate is made by or on behalf of an infant, his resources for the purposes of these regulations shall include any sum payable under the order of a court or under any instrument to any person for the purpose of the maintenance of the infant.
Deprivation or conversion of resources
6. If it appears to the Board that the person concerned, with intent to reduce the amount of his disposable income or disposable capital, has directly or indirectly deprived himself of any resource or has converted any part of his resources into resources which under these regulations are to be wholly or partly disregarded or in respect of which nothing is to be included, the
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1950/1358 (1950 I, p. 1190).
(c) S.I. 1959/1350 (1959 I, p. 1545).
resources of which he has so deprived himself or which he has so converted shall be treated as part of his resources or as not so converted as the case may be.
Determination of disposable income and disposable capital
7. Save as otherwise provided by these regulations, the disposable income and disposable capital of the person concerned shall respectively be determined at amounts calculated in accordance with the provisions of the First and Second Schedules to these regulations.
Decision of the Board
8. The...
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