keep The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2020
Amends the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 to expand definitions of trusts and schemes (including infected blood support schemes, haemophilia trusts, emergency funds, and criminal injuries compensation) and to extend the categories of payments that must or may be disregarded when calculating financial eligibility for civil legal aid. Also modifies provisions on interest in land and multiple dwellings.
Without these disregards, victims of historical injustices (infected blood, haemophilia, vaccine damage, criminal injuries) who receive statutory compensation would have those payments counted against them when qualifying for legal aid—effectively penalising the already harmed. The vaccine damage and variant CJD provisions serve similar equity purposes. While one might argue some emergency fund payments could be reconsidered, the core infected blood and haemophilia trust payments represent ex-gratia compensation for grievous state-failed harm where legal representation remains essential. Deleting this would deny legal aid to the very people the compensation was meant to assist, preventing them from accessing courts to enforce their rights against the state.