Statutory Instrument 1999 No. 2737

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 5) Regulations 1999

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© Crown Copyright 1999

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" "disabled person's tax credit" means a disabled person's tax credit under the Social Security and Benefits Act 1992[5];";

(b) for the definition of "family credit" there shall be substituted: - 

" "working families' tax credit" means a working families' tax credit under the Social Security and Benefits Act 1992;".

     5.  - (1) In regulation 37(1)(a), for "income-based jobseeker's allowance, income support, family credit or disability working allowance (in this regulation referred to as "income-related benefits")" there shall be substituted "any qualifying benefit".

    (2) In regulation 37(1) and (3), for "receipt of income-related benefits" there shall be substituted "receipt of that qualifying benefit".

    (3) After regulation 37(4) there shall be inserted: - 

" (5) In this regulation "qualifying benefit" has the meaning given by regulation 26(3A).".

     6.  - (1) In Schedule 2, Form 1 shall be amended as follows: - 

(a) in Section 5, for "family credit or disability working allowance" there shall be substituted "family credit, disability working allowance, working families' tax credit or disabled person's tax credit";

(b) at the end of Section 5, there shall be inserted the following: - 

" Note: if you receive working families' tax credit or disabled person's tax credit, but the amount which has to be taken off the maximum is more than £70 a week, you should tick box (c) and not box (a), and give a statement of your means by completing Form 5. If you do not know which box to tick, please ask the Inland Revenue Tax Credit office to help you.";

(c) in Section 8, after "Disability Working Allowance" there shall be inserted ", working families' tax credit or disabled person's tax credit,".

    (2) In Schedule 2, the Welsh language version of Form 1 shall be amended as follows: - 

(a) in Section 5, for the words from "Lwfans Chwilio" to "seiliedig ar Incwm" there shall be substituted "Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio";

(b) at the end of Section 5, there shall be inserted the following: - 

" Nodyn: os ydych chi'n derbyn Credyd Treth i Deuluoedd sy'n Gweithio neu Credyd Treth i Bobl Anabl, ond bod y swm sydd i'w dynnu o'r y mwyafswm yn fwy na £70 yr wythnos, dylech chi roi tic ym mlwch (c) ac nid ym mlwch (a), a rhoi datganiad o'ch modd drwy lenwi Ffurflen 5. Os nad ydych chi'n gwybod pa flwch i'w dicio, gofynnwch i Swyddfa Credyd Cyllid y Wlad am help.;"

(c) in Section 8, for the words from "Lwfans Chwilio" to "seiliedig ar Incwm" there shall be substituted "Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio".

    (3) In Schedule 2, Form 5 shall be amended as follows: - 

(a) in the first paragraph, for "family credit or disability working allowance" there shall be substituted "family credit, disability working allowance, working families' tax credit or disabled person's tax credit";

(b) after the first sentence of the first paragraph, there shall be inserted: - 

" You must also complete this form if you receive working families' tax credit or disabled person's tax credit, but the amount which has to be taken off the maximum is more than £70 a week.".

    (4) In Schedule 2, the Welsh language version of Form 5 shall be amended as follows: - 

(a) in the first paragraph, for the words from "Lwfans Chwilio" to "seiliedig ar Incwm" there shall be substituted "Lwfans Ceisio Gwaith seiliedig ar Incwm, Cymhorthdal Incwm, Credyd Teulu, Lwfans Gweithio i'r Anabl, Credyd Treth i Bobl Anabl neu Credyd Treth i Deuluoedd sy'n Gweithio";

(b) after the first sentence of the first paragraph, there shall be inserted: - 

" Rhaid i chi lenwi'r ffurflen hon os ydych chi'n derbyn Credyd Treth i Deuluoedd sy'n Gweithio neu Credyd Treth i Bobl Anabl, ond bod y swm sy'n gorfod cael ei dynnu oddi ar y mwyafswm yn fwy na £70 yr wythnos.".

     7. In Schedule 3, in paragraph 16(b)(ii), for "family credit or disability working allowance" there shall be substituted "family credit, disability working allowance, working families' tax credit or disabled person's tax credit".



Signed by authority of the Lord Chancellor


Keith Vaz
Parliamentary Secretary Lord Chancellor's Department

30th September 1999



We consent


Jim Dowd

Bob Ainsworth
Two of the Lords Commissioners of Her Majesty's Treasury

4th October 1999

[2] 1993 c. 38. Section 26(3) provides that a power conferred by an Act to specify forms of document includes a power to specify separate forms in Welsh and English.back

[3] S.I. 1989/344, amended where relevant by S.I. 1996/1258 and 1999/2123.back

[4] 1992 c. 4.back

[5] 1992 c. 4 as amended by the Tax Credits Act 1999 (c. 10).back