British citizens who hope to access legal assistance through the proposed “Help with Fees” (HwF) scheme will not have cryptocurrency holdings classified as disposable income.
The United Kingdom’s Ministry of Justice published its response following public consultation over its proposed legal aid scheme to provide equal access to the justice system. HwF aims to provide financial support for court or tribunal fees to individuals with low income and minimal savings.
The scheme intends to ensure that individuals are not prevented from accessing courts and tribunals due to an inability to afford the fees associated. Its primary objectives look to ensure access to justice for low-income individuals, provide money to taxpayers who ultimately bear the cost of fee remissions, and ensure the scheme is accessible and eligibility criteria are clear.
The public consultation process drew questions relating to the Ministry of Justice’s proposal to amend the definition of disposable capital to include savings and investments with a “non-exhaustive list” of examples that included cryptocurrencies.
According to the ministry, most respondents support the proposal, highlighting that it helps capture investments that are not available as liquid assets.
Meanwhile, other respondents who disagreed with the proposal commented that applicants should not be penalized for having savings and investments, especially pensioners and self-employed individuals:
“There was also a comment that the non-exhaustive list is too vague and there should be more clarity, for example, that cryptocurrency should be included.”
The government’s response stressed that it would not propose an exhaustive list of the types of capital that would constitute savings and investments, as it would create “unnecessary risk” for all types of capital omitted or not yet developed.
“Furthermore, we confirm that cryptocurrencies are already covered by the current definition of capital under the Fees Orders, and they will continue to be covered by the proposed definition.”
The ministry plans to review its list in the public guidance accompanying HwF applications to assist applicants in figuring out whether certain types of capital are covered in its current definition.
The public response also notes that individuals who have savings or investments above a threshold of £16,000 will be expected to use these resources to pay legal fees before receiving assistance from the HwF scheme.
The U.K. has been inching closer to passing legislation that will bring cryptocurrencies under similar laws that govern traditional assets in the country. The Financial Services and Markets Bill is expected to give the U.K. Treasury, the Financial Conduct Authority, the Bank of England and the Payments Systems Regulator the ability to propose and enforce rules for cryptocurrency-related businesses.
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According to the US Department of Justice, Wolf Capital’s co-founder has pleaded guilty to wire fraud conspiracy for luring 2,800 crypto investors into a Ponzi scheme.
Making Britain better off will be “at the forefront of the chancellor’s mind” during her visit to China, the Treasury has said amid controversy over the trip.
Rachel Reeves flew out on Friday after ignoring calls from opposition parties to cancel the long-planned venture because of market turmoil at home.
The past week has seen a drop in the pound and an increase in government borrowing costs, which has fuelled speculation of more spending cuts or tax rises.
The Tories have accused the chancellor of having “fled to China” rather than explain how she will fix the UK’s flatlining economy, while the Liberal Democrats say she should stay in Britain and announce a “plan B” to address market volatility.
However, Ms Reeves has rejected calls to cancel the visit, writing in The Times on Friday night that choosing not to engage with China is “no choice at all”.
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On Friday, Culture Secretary Lisa Nandy defended the trip, telling Sky News that the climbing cost of government borrowing was a “global trend” that had affected many countries, “most notably the United States”.
“We are still on track to be the fastest growing economy, according to the OECD [Organisation for Economic Co-operation and Development] in Europe,” she told Anna Jones on Sky News Breakfast.
“China is the second-largest economy, and what China does has the biggest impact on people from Stockton to Sunderland, right across the UK, and it’s absolutely essential that we have a relationship with them.”
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10:32
Nandy defends Reeves’ trip to China
However, former prime minister Boris Johnson said Ms Reeves had “been rumbled” and said she should “make her way to HR and collect her P45 – or stay in China”.
While in the country’s capital, Ms Reeves will also visit British bike brand Brompton’s flagship store, which relies heavily on exports to China, before heading to Shanghai for talks with representatives across British and Chinese businesses.
It is the first UK-China Economic and Financial Dialogue (EFD) since 2019, building on the Labour government’s plan for a “pragmatic” policy with the world’s second-largest economy.
Sir Keir Starmer was the first British prime minister to meet with China’s President Xi Jinping in six years at the G20 summit in Brazil last autumn.
Relations between the UK and China have become strained over the last decade as the Conservative government spoke out against human rights abuses and concerns grew over national security risks.
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2:45
How much do we trade with China?
Navigating this has proved tricky given China is the UK’s fourth largest single trading partner, with a trade relationship worth almost £113bn and exports to China supporting over 455,000 jobs in the UK in 2020, according to the government.
During the Tories’ 14 years in office, the approach varied dramatically from the “golden era” under David Cameron to hawkish aggression under Liz Truss, while Rishi Sunak vowed to be “robust” but resisted pressure from his own party to brand China a threat.
The Treasury said a stable relationship with China would support economic growth and that “making working people across Britain secure and better off is at the forefront of the chancellor’s mind”.
Ahead of her visit, Ms Reeves said: “By finding common ground on trade and investment, while being candid about our differences and upholding national security as the first duty of this government, we can build a long-term economic relationship with China that works in the national interest.”