HL Deb 29 March 1990 vol 517 cc1038-40

7.34 p.m.

The Earl of Strathmore and Kinghorne rose to move, That the draft regulations laid before the House on 6th March be approved [13th Report from the Joint Committee.]

The noble Earl said: My Lords, the House will know that similar regulations increasing the corresponding eligibility limits in England and Wales are also before the House— the regulations adjusting the legal aid financial limits to take account of inflation and reflect the overall levels in changes in social security benefits. The legal aid financial eligibility limits are normally uprated annually when the Department of Social Security raises the levels of social security benefits. That assists administration because applicants on certain income-related benefits automatically qualify for legal aid.

Before us today are two sets of draft regulations raising the eligibility limits for civil legal aid and advice and assistance which will come into force on 9th April. The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1990 raised the lower disposal income limit for civil legal aid— that is, the level below which no contribution from income is payable— from £ 2, 515 to £ 2, 645 per year. The increase in the upper income limit— that is, the level above which legal aid is not normally available— is from £ 6, 035 to £ 6, 350 per year. The upper capital limit above which legal aid is not normally available is increased from £ 6, 000 to £ 6, 310. There is no change in the lower limit.

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 1990 raised the upper income limit from £ 128 to £ 135 per week. The capital limit above which advice and assistance is not available increases from £890 to £935. The scale of contributions for applicants with disposable incomes between the upper and lower income limits for advice and assistance is also changed by the regulations. Generally, the changes represent an increase of around 5–2 per cent. which matches the uprating level of the income-related social security benefits. The uprating of eligibility limits for legal aid does not include housing because housing costs are deducted from disposable income in the assessment of eligibility for individual cases.

Recipients of income support and other income-related benefits are permitted to have £ 3, 000 in disposable capital before any income is assumed to be generated which would affect the level of benefit paid. It seems sensible to continue to use that limit as the threshold of capital contributions for legal aid which is why the lower capital limit is unchanged.

I hope that I have sufficiently explained the purpose of the draft regulations to allow the House to appreciate their importance. Other improvements have been and are being made. We have set up a procedure for payment of legal aid for the purposes of appeal from the legal aid fund in respect of appeals against conviction and sentence which are won after refusal by the Scottish Legal Aid Board. That will take effect on 1st April this year.

I have briefly described the legal aid financial conditions regulations. I believe that those represent significant improvements. I commend the regulations to the House. I beg to move.

Moved, That the draft regulations laid before the House on 6th March be approved. [13th Report from the Joint Committee.] — (The Earl of Strathmore and Kinghorne.)

Lord Carmichael of Kelvingrove

My Lords, I am grateful to the Minister for the trouble he has taken in his detailed explanation in view of the brief explanation on the Order Paper. When one picks up the draft instruments they tend to be rather complicated without the assistance of the parent legislation. I have contacted a number of people on this including my colleagues in the other place and I have no objections. I am quite happy that these orders should be approved.

The Earl of Strathmore and Kinghorne

My Lords, I thank the noble Lord for his comments.

On Question, Motion agreed to.