Regulation 6: Individuals in receipt of certain support

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 · S.I. 2013/480View on legislation.gov.uk

Part 2: Determinations in respect of an individual's financial resources — CHAPTER 1: Financial eligibility limits and waivers

Where the Director is satisfied that the individual is in receipt, directly or indirectly, of support provided under section 4 or 95 of the Immigration and Asylum Act 1999 , the Director must determine that the individual's financial resources are such that the individual is eligible for—

legal help in relation to any matter described in paragraphs 24 to 30 (immigration and asylum), 31A (immigration, citizenship and nationality: separated children), 32(1) (victims of trafficking in human beings) and 32A(1) (victims of slavery, servitude or forced or compulsory labour) of Part 1 of Schedule 1 to the Act;
help at court and legal representation for proceedings in—
the Immigration and Asylum Chamber of the First-tier Tribunal ; and
the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal.

Subject to paragraph (4), where the Director is satisfied that the individual is properly in receipt, directly or indirectly, of—

income support paid under section 124 of the Social Security Contributions and Benefits Act 1992 or section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
income-based jobseeker's allowance paid under the Jobseekers Act 1995 or Part II of the Jobseekers (Northern Ireland) Order 1995 ;
guarantee credit paid under section 1(3)(a) of the State Pension Credit Act 2002 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002 ;
income-related employment and support allowance paid under Part 1 of the Welfare Reform Act 2007 or section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 ; or
universal credit paid under Part 1 of the Welfare Reform Act 2012 or Part 2 of the 2015 (Northern Ireland) Order,

the Director must determine that the individual's financial resources are such that the individual is eligible for all forms of civil legal services without paying (where applicable) any contributions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If the individual's disposable capital—

exceeds £8,000, the Director must determine that the individual's financial resources are such that the individual is not eligible for civil legal services; and
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