Legal Aid And Advice, England And Wales Citation, commencement and extent 1 1 This Order may be cited as the Civil Legal Aid (Housing and Asylum Accommodation) Order 2023. 2 This article and paragraph (1) of article 2 come into force— a immediately after section 95A of the Immigration and Asylum Act 1999 comes into force, or b on 1st August 2023; whichever is earlier. 3 Paragraph (2) of article 2 comes into force immediately after section 95A of the Immigration and Asylum Act 1999 comes into force. 4 Articles 3, 4, and paragraph (3) of article 2 come into force on 1st August 2023. 5 This Order extends to England and Wales. Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 2 1 Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows. 2 In paragraph 31 (immigration: accommodation for asylum-seekers etc.), in sub-paragraph (1)(a)— a after “95”, insert “or 95A” ; b after “asylum-seekers”, insert “and failed asylum-seekers” . 3 In paragraph 33 (loss of home)— a after sub-paragraph (1) insert— 1A Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to – a housing matters; b debt; c a benefit, allowance, payment, credit or pension under— i a social security enactment; ii the Vaccine Damage Payments Act 1979 ; iii Part 4 of the Child Maintenance and Other Payments Act 2008 ; d a council tax reduction scheme. , b after sub-paragraph (7) insert— 7A Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part. ; c after sub-paragraph (8) insert— 8A The services described in sub-paragraph (1A) do not include advocacy. ; d for sub-paragraph (9), substitute— 9 In this paragraph— “ council tax reduction scheme ” has the meaning given in paragraph 8A(4); “ home ”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10); “ housing matters ” means matters which concern— the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home; the rights of leaseholders under the terms of their lease or under any statutory provision ; the allocation and transfer of housing and the provision of sites for occupation, but does not include disputes relating to any boundary of a property; “ social security enactment ” has the meaning given in paragraph 8(3). Amendment of the Civil Legal Aid (Remuneration) Regulations 2013 3 1 Part 1 of Schedule 1 to the Civil Legal Aid (Remuneration) Regulations 2013 is amended as follows. 2 For paragraph 2, substitute— 2 The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme or the Housing Loss Prevention Advice Service. The fees for those schemes are contained in Tables 6 and 6(a) in this Part. 3 After Table 6, insert— Table 6(a) Housing Loss Prevention Advice Service (HLPAS) Activity Standard Fee Escape Fee Threshold HLPAS Stage One: early legal advice £157 £471 HLPAS Stage Two: in-court duty scheme £75.60 (London rate) £71.55 (Non-London rate). N/A Amendment of the Civil Legal Aid (Procedure) Regulations 2012 4 Regulation 14 of the Civil Legal Aid (Procedure) Regulations 2012 is amended as follows— a in paragraph (a), omit “or”; b in paragraph (b), omit the full stop; c after paragraph (b), insert— ; or c legal help or help at court provided under paragraph 33(1) or (1A) of Schedule 1 to the Act to an individual who has a hearing which has been listed at a court in relation to the possession of that individual’s home. . Bellamy Parliamentary Under Secretary of State Ministry of Justice 7th February 2023