These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No 4) Regulations 1999 and shall come into force on 5th October 1999.

In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989.

(1)    These Regulations shall apply to applications for legal aid made on or after 5th October 1999.

(2)    Where a person at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 in pursuance of a decision made before that date, his disposable income shall be assessed as if these Regulations had not come into force.

In regulation 26(3), for “income-based jobseeker's allowance, income support, family credit or disability working allowance” there shall be substituted “any qualifying benefit”.

After regulation 26(3) there shall be inserted:—

“(3A)    The following are qualifying benefits for the purposes of paragraph (3) above:—

(a)    income support;

(b)    working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;

(c)    disabled person's tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and

(d)    income-based jobseeker's allowance.”.

Signed by authority of the Lord Chancellor

Keith Vaz

Parliamentary Secretary

Lord Chancellor's Department

Dated 14th September 1999

We consent

Jim Dowd

Clive Betts

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 14th September 1999

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to replace references to family credit and disability working allowance with references to working families' tax credit and disabled person's tax credit, following the changes made by the Tax Credits Act 1999. A recipient of one of these tax credits will be eligible for criminal legal aid without liability to make a contribution or the need to submit a statement of means provided that the amount to be deducted from the weekly maximum allowance does not exceed £70. Those in receipt of family credit or disability working allowance under a decision made before the coming into force of these Regulations will continue to be eligible for criminal legal aid without liability to make a contribution or the need to submit a statement of means.