Assessment of resourcesE+W
9.—(1) In this regulation—
(a)“Legal Aid Assessment Regulations” means the Civil Legal Aid (Assessment of Resources) Regulations 1989(1);
(b)“CLS Financial Regulations” means the Community Legal Service (Financial) Regulations 2000(2); and
(c)“the 2013 Regulations” means the Civil Legal Aid (Financial Resources and Payments for Services) Regulations 2013(3).
(2) After 31st March 2013, on any assessment, re-assessment, further assessment or amended assessment of resources under the Legal Aid Assessment Regulations or under the CLS Financial Regulations in respect of funded services provided in a pre-commencement case—
(a)the individual’s financial eligibility and contribution must be calculated by reference to the higher of the relevant figures in the Legal Aid Assessment Regulations or, as the case may be, the CLS Financial Regulations and the equivalent figures for the time being in the 2013 Regulations, as set out in the table; and
(b)regulation 25 (deductions in respect of a partner and dependants of the individual) of the 2013 Regulations applies.
Table
Legal Aid Assessment Regulations | CLS Financial Regulations | The 2013 Regulations |
|---|---|---|
| regulation 4(2) | regulation 5(2) | regulation 8(2) |
| regulation 4(2)(a) | regulation 5(2) | regulation 8(2) |
| regulation 4(3) | regulation 5(2) | regulation 8(2) |
| regulation 4(3)(a) | regulation 5(2) | regulation 8(2) |
| regulation 5A | regulation 7 | |
| regulation 4(4)(a) | regulation 38(2)(b) | regulation 44(2)(b) |
| regulation 4(4)(b) | regulation 38(2A)(b) | regulation 44(3)(b) |
| regulation 23(1)(a) | regulation 27(1)(a) | |
| regulation 24(7) | regulation 28(7) | |
| paragraph 10(a) of Schedule 3 | regulation 32(2) | regulation 37(2) |
| regulation 32A(2) | regulation 38(2) | |
| paragraph 10(b) of Schedule 3 | regulation 32B(2) | regulation 39(2) |
| regulation 35(1)(c) | regulation 41(1)(b) |
Commencement Information
I1Reg. 9 in force at 1.4.2013, see reg. 1
S.I. 1989/338. This instrument lapsed on 1st April 2000 on the repeal of the enabling provision, subject to savings in relation to certain existing cases by virtue of article 5 of S.I. 2000/774.