# The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996, Paragraph 5


In computing the capital and income of the person concerned–
(a) there shall be left out of account the value of the subject matter of any claim in respect of which the person concerned is applying for advice and assistance;
(b) there shall be left out of account a back to work bonus (payable under the Jobseekers Act 1995);
(ba) there shall be left out of account any payment made under the Community Care (Direct Payments) Act 1996 or as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; ...
(bb) there shall be left out of account any Welfare Fund payment;
(bc) there shall be left out of account—
(i) any payment made under the Windrush Compensation Scheme;
(ii) any Windrush connected payment;
(bd) there shall be left out of account any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or due to be made prior to the date of commencement of the redress scheme;
(be) there shall be left out of account any payment made under the Scottish Infected Blood Support Scheme;
(bf) there shall be left out of account any additional payment;
(bg) there shall be left out of account any temporary additional amount to the social fund winter fuel payment paid by virtue of the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2022 or the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023;
(bh) there shall be left out of account any human trafficking or exploitation victim payment,
(bi) there shall be left out of account any miscarriage of justice payment,
(bj) there shall be left out of account any Grenfell Tower payment,
(bk) there shall be left out of account any payment made under the Infected Blood Compensation Scheme.
(c) the resources of any spouse of the person concerned shall be treated as that person’s resources unless–
(i) the spouse has a contrary interest in the matter in respect of which the person concerned is applying for advice and assistance, or
(ii) the person concerned and spouse are living separate and apart, or
(iii) in all the circumstances of the case it would be inequitable or impracticable to do so.
(d) there shall be left out of account any payment made in accordance with the following:–
(a) sums payable to holders of the Victoria Cross or George Cross
(aza) child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021,
(azb) short-term assistance given in accordance with Part 1 of the schedule of those Regulations,
(azc) adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the 2022 Regulations”),
(azd) short-term assistance given in accordance with Part 1 of schedule 2 of the 2022 Regulations,
(aze) carer support ... given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,
(azf) pension age disability payment given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024 (“the 2024 Regulations”),
(azg) short-term assistance given in accordance with Part 1 of the schedule of the 2024 Regulations,
(azh) Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (“the 2025 Regulations”);
(azi) short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of the 2025 Regulations;
(azj) care leaver payment;
(aa) personal independence payment under Part 4 of the Welfare Reform Act 2012;
(ab) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
(b) tax credits under the Tax Credits Act 2002;
(c) child maintenance bonus;
(d) child support maintenance;
(e) contribution-based jobseeker’s allowance;
(f) severe disablement allowance;
(g) retirement pension;
(h) war widow’s and widower’s pension and war disablement pension;
(i) sums payable to holders of the Victoria Cross or George Cross;
(j) state pension credit under the State Pension Credit Act 2002;
(k) contributory employment and support allowance.
(l) universal credit
(m) Scottish child payment.
(n) carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(o) allowance known as care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.

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Source: https://www.legislation.gov.uk/uksi/1996/2447/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.