Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2006 and come into force on 10th April 2006.

(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 2000( 3 ); and

(b) words and expressions used in these Regulations have the same meaning as in the Community Legal Service (Financial) Regulations 2000.

Transitional Provisions

2. These Regulations apply to applications for funded services, and further assessments under regulation 15, made on or after 10th April 2006, 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

3. In regulation 2—

(a) after the definition of “assessing authority” insert—

“ “asylum claim” means a claim that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the protocol to the Convention or to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, for the claimant to be removed from or required to leave the United Kingdom; ” ;

(b) after the definition of “funded services” insert—

“ “the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part; ” .

4. In regulation 4, after paragraph (2) add—

“ (3) Where the assessing authority is satisfied that the client is in receipt, directly or indirectly, of support provided under section 95 of the Immigration and Asylum Act 1999, he shall be eligible for Legal Help, Help at Court and Legal Representation before—

(a) the Asylum and Immigration Tribunal; and

(b) the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002,

without making (where applicable) any contributions. ” .

5. In regulation 5—

(a) for “£632” in each place where it appears, substitute “£649”;

(b) in paragraph (2) after “does not exceed £3,000” add—

“ , except in cases to which paragraph (2A) applies. ” ;

(c) after paragraph (2) add—

“ (2A) A client is eligible for Legal Representation in respect of an asylum claim before—

(a) the Asylum and Immigration Tribunal; and

(b) the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002,

if his monthly disposable income does not exceed £649 and his disposable capital does not exceed £8,000. ” .

6. In regulation 5A, for “£2,288” substitute “£2,350”.

7. In regulation 19, after paragraph (g) add—

“ (h) any payment made out of the Independent Living Funds. ” .

8. In regulation 33, after paragraph (b) add—

“ (c) the whole of any payment made out of the Independent Living Funds. ” .

9. In regulation 35, in paragraph (1)(c) and the table, for “£272” substitute “£279”.

10. In regulation 38, for paragraph (2)(a) substitute—

“ (a) where his monthly disposable income exceeds £279—

(i) one quarter of any such income between £275 and £411 inclusive;

(ii) one third of any such income between £412 and £545 inclusive; and

(iii) one half of his remaining disposable income; and ” .