The Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009

• Citation: S.I. 2009/212
• Sections: 3

Section 1 Citation, commencement, interpretation and relevant authority

(1) These Regulations may be cited as the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009 and come into force on 2nd March 2009.

(2) In these Regulations—

(a) “the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;

(b) “the 1999 Act ” means the Access to Justice Act 1999;

(c) “the 2006 Regulations ” means the Criminal Defence Service (Financial Eligibility) Regulations 2006 ;

(d) “disregarded benefit” means a benefit excluded from the calculation of gross annual income as defined in regulation 2 of the 2006 Regulations;

(e) “Independent Living Funds” has the same meaning as in the 2006 Regulations;

(f) “qualifying benefit” means a benefit for the purposes of regulation 5(3) of the 2006 Regulations.

(3) The Legal Services Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the 1999 Act, has delegated its functions under paragraph 2A of Schedule 3 to the 1999 Act is the relevant authority for the purposes of paragraph 6 of Schedule 3 to the 1999 Act and is referred to in these Regulations as “the relevant authority”.

Section 2 Prescribed benefits

The benefits prescribed for the purposes of paragraph 6(2)(e) of Schedule 3 to the 1999 Act are those listed in the Table in this regulation.

Prescribed benefits

Section 3 Prescribed benefits

An information request made under paragraph 6 of Schedule 3 to the 1999 Act by the relevant authority may include a request for the disclosure of the amount the individual is receiving by way of any prescribed benefit.