The Community Legal Service (Financial) (Amendment) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/906 |
| Year | 2007 |
2007 No. 906
Legal services Commission, England and Wales
The Community Legal Service (Financial) (Amendment) Regulations 2007
Made 15th March 2007
Laid before Parliament 19th March 2007
Coming into force 9th April 2007
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 7 and 10 of the Access to Justice Act 19991.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2007 and come into force on 9th April 2007.
2. In these Regulations—
(a) a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 20002; and
(b) words and expressions used in these Regulations have the same meaning as in those Regulations.
Transitional Provisions
3. These Regulations apply to applications for funded services made on or after 9th April 2007, and further assessments under regulation 15 made on or after 9th April, and applications and further assessments made before that date shall be treated as if these Regulations had not been made.
Amendments to the Community Legal Service (Financial) Regulations 2000
4. In regulation 2, for the definition of “assessing authority” substitute—
““assessing authority” means the Commission, except where under contract or under the Funding Code the Commission has delegated this function to the supplier;”.
5. In regulation 3—
(a) in paragraph (1)(c), after “under the Children Act 1989” insert “, except appeals against final orders,”;
(b) after paragraph (1)(c) insert—
“(ca)
“(ca) General Family Help applied for by a parent of a child, or a person with parental responsibility for a child within the meaning of the Children Act 1989, in respect of whom a Local Authority has given notice of potential proceedings under section 31 of that Act.”.
6. For regulation 5, substitute—
“5. —This regulation has effect subject to regulations 3, 4 and 5A.
(2) Except where paragraph (3) applies, where a client’s monthly disposable income does not exceed £672 and his disposable capital does not exceed £8,000, he shall be eligible for funded services.
(3) Where a client’s monthly disposable income does not exceed £672 and his disposable capital does not exceed £3,000, he shall be eligible for Legal Representation in respect of an immigration claim before —
(i)
(i) the Asylum and Immigration Tribunal; and
(ii)
(ii) the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002.”.
7. In regulation 5A—
(a) in paragraph (4), for “£2,350” substitute “£2,435”;
(b) in paragraph (5), for “£145” substitute “£205”.
In regulation 5B(3), delete “(6)”.
8. In regulation 5B(3), delete “(6)”.
9. In regulation 5C(2), in both places where it appears, for “5(3), 5(6)” substitute “5”.
10. In regulation 5E(2), for “disposable income limit in regulation 5(5) or 5(6)” substitute “eligibility limits in regulations 5 and 5A”.
In regulation 7(2)(a), delete “(2), (3), (5) or (6)”.
11. In regulation 7(2)(a), delete “(2), (3), (5) or (6)”.
12. In regulation 11—
(a) after paragraph (2) insert—
“2A Paragraph (3) does not apply where eligibility is being assessed for Legal Representation in proceedings other than Family Proceedings.”;
(b) in paragraph (3), delete “Except where eligibility is being assessed under regulation 5(6),”.
In regulation 15(1), for “5(6)” substitute “5”.
13. In regulation 15(1), for “5(6)” substitute “5”.
14. In regulation 16, delete “where the eligibility of the person concerned is being assessed under regulation 5(6),”.
15. For regulation 18(2), substitute—
“2 In calculating the disposable income of the person concerned, any income tax and national insurance contribution paid, or where eligibility is being assessed for General Family Help or Legal Representation payable, on that income in respect of the period of calculation shall be deducted.”.
16. In regulation 19—
(a) for paragraph (b) substitute—
“(b)
“(b) any direct payments made under the Community Care, Service for Carers and Children’s Services (Direct Payments) (England) Regulations 20033or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 20044;”;
(b) for paragraph (f) substitute—
“(f)
“(f) any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 20065;”;
(c) for paragraph (g) substitute—
“(g)
“(g) to the extent that it exceeds the relevant figure referred to in regulation 20(2)(b), any financial support paid under any agreement for the care of a foster child;”.
17. In regulation 31—
(a) for paragraph (1) substitute—
“1 Where eligibility is being assessed for —
(a) Legal Representation, except Legal Representation for an immigration claim before
(i) the Asylum and Immigration Tribunal; and
(ii) the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002; and
(b) General Family Help,
paragraphs (2) to (4) apply.”;
(b) in paragraph (5) for “other than under regulation 5(6)” substitute “for other levels of service”.
18. In regulations 32A(2) and (3), for “under regulation 5(5) or 5(6)” substitute “for Legal Representation and General Family Help”.
19. In regulation 35(1)—
(a) delete sub-paragraph (a);
(b) in sub-paragraph (c) and the table following that sub-paragraph, for “279” substitute “289”.
20....
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