Statutory Instruments
2014 No. 901
Legal Aid And Advice, England And Wales
The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2014
Made
1st April 2014
Coming into force in accordance with regulation 1
The Lord Chancellor makes the following Regulations( 1 ) in exercise of the powers conferred by section 22(8)( 2 ) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 3 ).
In accordance with section 41(6) and (7)(h) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.
Amendment of the Legal Aid (Information about Financial Resources) Regulations 2013
2. In the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013( 4 ), after paragraph 5 insert—
“ 5A. Maternity allowance payable under section 35B of the 1992 Act ( 5 ) or section 35B of the 1992 (Northern Ireland) Act ( 6 ) . ” .
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
1st April 2014
Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.
Section 22(8) includes a definition of “benefit status”. This means, in relation to an individual, whether or not the individual is in receipt of a prescribed benefit. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “prescribed” means prescribed by regulations.
S.I. 2013/628 . Those Regulations have been amended by the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013 ( S.I. 2013/2726 ).
Regulation 2 of the Legal Aid (Information about Financial Resources) Regulations 2013 provides that in those Regulations “the 1992 Act” means the Social Security Contributions and Benefits Act 1992 (c. 4) . Section 35B of that Act was inserted by regulation 2(5) of the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014 ( S.I. 2014/606 ).
Regulation 2 of the Legal Aid (Information about Financial Resources) Regulations 2013 provides that in those Regulations “the 1992 Northern Ireland Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) . Section 35B of that Act was inserted by regulation 2(5) of the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014 ( S.R. 2014/102 ).