The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023

• Citation: S.I. 2023/147
• Sections: 4

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Civil Legal Aid (Housing and Asylum Accommodation) Order 2023.

(2) This article and paragraph (1) of article 2 come into force—

(a) immediately after section 95A of the Immigration and Asylum Act 1999 comes into force, or

(b) on 1st August 2023;

whichever is earlier.

(3) Paragraph (2) of article 2 comes into force immediately after section 95A of the Immigration and Asylum Act 1999 comes into force.

(4) Articles 3, 4, and paragraph (3) of article 2 come into force on 1st August 2023.

(5) This Order extends to England and Wales.

Section 2 Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

(2) In paragraph 31 (immigration: accommodation for asylum-seekers etc.), in sub-paragraph (1)(a)—

(a) after “95”, insert “or 95A” ;

(b) after “asylum-seekers”, insert “and failed asylum-seekers” .

(3) In paragraph 33 (loss of home)—

(a) after sub-paragraph (1) insert—

(1A) Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –

(a) housing matters;

(b) debt;

(c) a benefit, allowance, payment, credit or pension under—

(i) a social security enactment;

(ii) the Vaccine Damage Payments Act 1979 ;

(iii) Part 4 of the Child Maintenance and Other Payments Act 2008 ;

(d) a council tax reduction scheme.

(b) after sub-paragraph (7) insert—

(7A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part.

(c) after sub-paragraph (8) insert—

(8A) The services described in sub-paragraph (1A) do not include advocacy.

(d) for sub-paragraph (9), substitute—

(9) In this paragraph—

“ council tax reduction scheme ” has the meaning given in paragraph 8A(4);

“ home ”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10);

“ housing matters ” means matters which concern—

the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;

the rights of leaseholders under the terms of their lease or under any statutory provision ;

the allocation and transfer of housing and the provision of sites for occupation,

but does not include disputes relating to any boundary of a property;

“ social security enactment ” has the meaning given in paragraph 8(3).

Section 3 Amendment of the Civil Legal Aid (Remuneration) Regulations 2013

(1) Part 1 of Schedule 1 to the Civil Legal Aid (Remuneration) Regulations 2013 is amended as follows.

(2) For paragraph 2, substitute—

(2) The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme or the Housing Loss Prevention Advice Service. The fees for those schemes are contained in Tables 6 and 6(a) in this Part.

(3) After Table 6, insert—

Housing Loss Prevention Advice Service (HLPAS)

£75.60 (London rate)

£71.55 (Non-London rate).

Section 4 Amendment of the Civil Legal Aid (Procedure) Regulations 2012

Regulation 14 of the Civil Legal Aid (Procedure) Regulations 2012 is amended as follows—

(a) in paragraph (a), omit “or”;

(b) in paragraph (b), omit the full stop;

(c) after paragraph (b), insert—

; or

(c) legal help or help at court provided under paragraph 33(1) or (1A) of Schedule 1 to the Act to an individual who has a hearing which has been listed at a court in relation to the possession of that individual’s home.