The Legal Aid (Information about Financial Resources) Regulations 2013

• Citation: S.I. 2013/628
• Sections: 41

Section 1 Citation and commencement

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

Section 2 Interpretation

In these regulations—

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

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

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

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

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

“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 2007 .

Section 3 Information request: prescribed income and capital

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 2005 ; 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 1992 .

Section 4 Information request: names of companies and partnerships

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.

Section 4A Information request: particulars contained in the register

(1) An information request made by the relevant authority to the Secretary of State under section 22(1)(a) of the Act may include a request for the disclosure of register information.

(2) In this regulation—

“register” and “registered keeper” have the meaning given in regulation 3(1) of the Road Vehicles (Registration and Licensing) Regulations 2002;

“register information” means, in relation to any registration mark—

whether a particular relevant individual is the registered keeper of the vehicle identified by that registration mark; and

if the relevant individual is the registered keeper of that vehicle, any particulars contained in the register in relation to that registration mark;

“registration mark” has the meaning given in section 23(1) of the Vehicle Excise and Registration Act 1994.

Section 5 Prescribed benefits

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.

Section 6 Prescribed benefits

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) Act ;

(c) child tax credit under Part 1 of the 2002 Act ;

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

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

Section 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 Act ;

(b) child tax credit under Part 1 of the 2002 Act;

(c) working tax credit under Part 1 of the 2002 Act; ...

(d) statutory sick pay under Part 12 of the 1992 Act ; and

(e) statutory neonatal care pay under Part 12ZE of the 1992 Act.

Section 8 Prescribed benefits: amount of benefit and elements of benefit

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.

Section 1

Any payments payable out of—

(a) the Independent Living Fund ;

(b) the Independent Living (Extension) Fund ;

(c) the Independent Living (1993) Fund ; or

(d) the Independent Living Fund (2006) .

Section 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 1973 or section 1 of the Employment and Training Act (Northern Ireland) 1950 .

Section 3

Any exceptionally severe disablement allowance payable under the Personal Injuries (Civilians) Scheme 1983 .

Section 4

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

Section 5

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

Section 5A

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

Section 6

Benefits for surviving spouses and civil partners payable under section 39A of the 1992 Act or section 39A of the 1992 (Northern Ireland) Act .

Section 6A

Benefits for surviving spouses and civil partners under section 30 of the Pensions Act 2014 or section 29 of the Pensions Act (Northern Ireland) 2015.

Section 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.

Section 8

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

Section 9

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

Section 9A

A state pension under Part 1 of the Pensions Act 2014 or Part 1 of the Pensions Act (Northern Ireland) 2015.

Section 10

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

Section 11

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

Section 12

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

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

Section 20

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

Section 21

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

Section 22

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

Section 23

Any direct payment payable under section 17A of the Children Act 1989, section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments), ... sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 57(1) of the Health and Social Care Act 2001 , section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002 or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments) .

Section 24

Guarantee credit payable under section 1(3)(a) of the State Pension Credit Act 2002 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002 .

Section 25

Any pensions payable under The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 .

Section 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) 2007 .

Section 27

Universal credit payable under Part 1 of the 2012 Act.

Section 28

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

Section 29

Armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.