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Civil Legal Aid Regulations 2016 (SI 272/2016)

The Civil Legal Aid Regulations 2016 (SI 272/2016) amend the Civil Legal Aid Regulations 1996-2016 by inserting two new sub-paragraphs to Regulation 13 which provides that legal advice and legal aid may be granted without reference to an applicant’s financial resources in certain circumstances.

Regulation 13(9) provides that legal advice may be granted without reference to an applicant’s financial resources if he or she:-

(a) is unable to pay his or her debts in full as they fall due;

(b) is in arrears on a loan secured on the home in which he or she normally resides;

(c) has been served with proceedings for possession of the home in which he or she normally resides, or the person is at risk of losing that home (i.e. the applicant has received from the mortgage lender, repossession proceedings, a letter indicating that such proceedings will issue, a letter indicating that the applicant is deemed non-cooperating, or an invitation to consider sale, surrender or other loss of all or part of the home).

Regulation 13(10) provides that legal aid may be granted without reference to an applicant’s financial resources if:-

(a) the applicant—

(i) is unable to pay his or her debts in full as they fall due,

(ii) has made a proposal for a Personal Insolvency Arrangement (within the meaning of the Personal Insolvency Act 2012) which includes the home in which he or she normally resides and which has been rejected by his or her creditors;

(b) a personal insolvency practitioner has certified that there are reasonable grounds for the making of an application for an order under section 115A(9) of the Personal Insolvency Act 2012 (inserted by section 21 of the Personal Insolvency (Amendment) Act 2015); and

(c) the legal aid to be provided relates to an application under section 115A(9) of the Personal Insolvency Act 2012 (inserted by section 21 of the Personal Insolvency (Amendment) Act 2015).

These Regulations commenced on 23/5/2016.