The Civil Legal Aid (Scotland) Amendment Regulations 1998

• Citation: S.I. 1998/725
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 1998 and shall come into force on 6th April 1998.

(2) In these Regulations, “the principal Regulations ” means the Civil Legal Aid (Scotland) Regulations 1996 .

Section 2 Application

These Regulations shall apply only in relation to any case where an application for legal aid is made to the Scottish Legal Aid Board on or after 6th April 1998.

Section 3 Amendment of principal Regulations

In Schedule 2 to the principal Regulations (rules for computing disposable income) for rule 13 there shall be substituted–

(13)

(1) There shall be a deduction in respect of the maintenance of the spouse of the person concerned, if the spouses are living together and in respect of the maintenance of any person wholly or substantially maintained by the person concerned, being a member of his or her household, (“a dependent person”) at the following rates:–

(a) in the case of a spouse, at a rate equivalent to the difference, as at the date when the computation period began, between the income support allowance for a couple where both members are aged not less than 18 (which is specified in column (2) of paragraph 1(3)(d) of Part I of Schedule 2 to the Income Support (General) Regulations 1987 ), and the allowance for a single person aged not less than 25 (which is specified in column (2) of paragraph 1(1)(e) of Part I of Schedule 2 to those Regulations );

(b) in the case of a dependent person aged under 19, at a rate equivalent to the amount specified in column 2 of paragraph 2(1) of Part I of Schedule 2 to the Income Support (General) Regulations 1987 appropriate to that person;

(c) in the case of a dependent person aged 19 or over at a rate equivalent to the amount specified in column 2 of paragraph 2(1)(c) of Part I of Schedule 2 to the Income Support (General) Regulations 1987.

Provided that the Board may reduce such rate by taking into account the income and other resources of the dependent person to such extent as appears to the Board to be just and equitable.

(2) In ascertaining whether a person is a dependent person regard shall be had to their income and other resources.

Section 4 Amendment of principal Regulations

In Schedule 3 to the principal Regulations (rules for computing disposable capital)–

(a) rule 5(b) shall be amended by adding the word “substantially” after the word “without”.

(b) for rule 15(2) there shall be substituted “In this Schedule pensionable age means the age of 60”.