Statutory Instrument 1992 No. 719

The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1992

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© Crown Copyright 1992

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1992 No. 719

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988^[1], and with the consent of the Treasury, hereby makes the following Regulations:

Citation, commencement and application
    1.—(1)  These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1992 and shall come into force on 6th April 1992.

Interpretation
    2.    In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989^[2].

Amendment of the Legal Advice and Assistance Regulations 1989
    3.—(1)  In regulation 3 after the definition of "Costs Regulations" there shall be inserted the following new definition—
""disability working allowance" means a disability working allowance under section 20(6A) of the Social Security Act 1986^[3];" .



    (2)  In regulations 9(4)(b) and (c) and 10(2)(b) and (c) and 13(2) for the words "or family credit" there shall be substituted the words ", family credit or disability working allowance".

    4.—(1)  In paragraph (1) of regulation 11 for the figures "£935" there shall be substituted the figure "£1,000".

    (2)  For the table in Schedule 3 there shall be substituted the following new table—

Disposable income	Maximum contribution
Exceeding £75 but not exceeding £80 a week..........	£5
Exceeding £80 but not exceeding £86 a week..........	£12
Exceeding £86 but not exceeding £92 a week..........	£19
Exceeding £92 but not exceeding £98 a week..........	£25
Exceeding £98 but not exceeding £104 a week..........	£32
Exceeding £104 but not exceeding £110 a week..........	£38
Exceeding £110 but not exceeding £116 a week..........	£45
Exceeding £116 but not exceeding £122 a week..........	£51
Exceeding £122 but not exceeding £128 a week..........	£58
Exceeding £128 but not exceeding £134 a week..........	£64
Exceeding £134 but not exceeding £140 a week..........	£70
Exceeding £140 but not exceeding £145 a week..........	£75

Mackay of Clashfern, C.

Dated 11th March 1992
We consent,

Thomas Sackville

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 12th March 1992

These Regulations amend the Legal Advice and Assistance Regulations 1989 by:
    (1)  assimilating the positions of those persons in receipt of disability working allowance with those on family credit (regulation 3); and

    (2)  increasing the disposable capital limit for eligibility for advice and assistance from £935 to £1,000, increasing the upper and lower disposable income limits and amending the scale of contributions payable (regulation 4).

[1] 1988 c. 34; sections 9 and 34 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations". back

[2] S.I. 1989/340, as amended by S.I. 1989/560, 1990/486, 1991/636 and 2305 and 1992/591. back

[3] 1986 c. 50; section 20(6A) was inserted by section 6 of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21). back