Citation, commencement and extent

1. —(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( 2 ) 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.

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

2. —(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where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –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 ( 3 ) ;

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

(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—

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

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

Amendment of the Civil Legal Aid (Remuneration) Regulations 2013

3. —(1) Part 1 of Schedule 1 to the Civil Legal Aid (Remuneration) Regulations 2013( 5 ) 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—

Amendment of the Civil Legal Aid (Procedure) Regulations 2012

4. Regulation 14 of the Civil Legal Aid (Procedure) Regulations 2012( 6 ) 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. ” .