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The UK program “Help with Fees” will not classify cryptocurrency as disposable income.

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The proposed “Help with Fees” scheme by the Ministry of Justice will not categorize cryptocurrencies as disposable income, as per the outcomes of a public consultation.

British citizens aspiring to access legal aid through the proposed “Help with Fees” (HwF) scheme won’t see their cryptocurrency holdings deemed as disposable income. The Ministry of Justice in the United Kingdom has released its response following a public consultation on its envisaged legal aid initiative. The HwF aims to financially support individuals with low income and modest savings by assisting with court or tribunal fees.

The scheme’s core objectives revolve around ensuring access to justice for low-income individuals, providing relief to taxpayers bearing fee remission costs, and guaranteeing accessibility with transparent eligibility criteria.

During the public consultation, inquiries arose regarding the Ministry of Justice’s proposal to broaden the definition of disposable capital, incorporating savings and investments, with a “non-exhaustive list” that encompasses cryptocurrencies.

The ministry reports widespread support for the proposal, emphasizing its ability to encompass investments not readily available as liquid assets. However, dissenting voices argue against penalizing applicants for possessing savings and investments, particularly pensioners and self-employed individuals. Some critics call for clarity, suggesting a more explicit inclusion of cryptocurrencies in the non-exhaustive list.

The government’s response asserts its reluctance to present an exhaustive list, citing potential “unnecessary risk” for omitted or yet-to-be-developed capital types. Moreover, it clarifies that cryptocurrencies are already covered by the current definition of capital under the Fees Orders, and this coverage will persist under the proposed definition.

The ministry plans to scrutinize and refine its guidance for the public accompanying HwF applications, aiding applicants in determining whether specific types of capital align with the current definition.

The public response also outlines that individuals with savings or investments surpassing £16,000 will be expected to utilize these resources to settle legal fees before seeking assistance from the HwF scheme.

The U.K. progresses towards legislation that will subject cryptocurrencies to analogous regulations governing traditional assets. The Financial Services and Markets Bill is anticipated to grant the U.K. Treasury, the Financial Conduct Authority, the Bank of England, and the Payments Systems Regulator the authority to propose and enforce regulations for cryptocurrency-related businesses.

Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Crypto is not a legal tender and is subject to market risks. Readers are advised to seek expert advice and read offer document(s) along with related important literature on the subject carefully before making any kind of investment whatsoever. Crypto market predictions are speculative and any investment made shall be at the sole cost and risk of the readers.