Paragraph 4A F1

(1)

Subject to sub-paragraph (3), if the person concerned is a child the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985 are to be treated as part of the child’s own resources.

(2)

In sub-paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3)

Sub-paragraph (1) applies only—

(i)

in respect of advice and assistance in relation to non-criminal matters; and

(ii)

if its application in the particular circumstances would not be unjust or inequitable.

F2(4)

This paragraph does not apply to assistance by way of representation in relation to hearings or proceedings under the 2011 Act.

Annotations

Textual amendments

F1: Sch. 2 para. 4A inserted (31.1.2011) by The Advice and Assistance (Scotland) Amendment Regulations 2010 (S.S.I. 2010/462), regs. 1, 5(c) (with reg. 2(2))
F2: Sch. 2 para. 4A(4) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(4)