OpenLegislation

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;

F1(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 F2as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; F3...

F4(bb)

there shall be left out of account any Welfare Fund payment;

F5(bc)

there shall be left out of account—

(i)

any payment made under the Windrush Compensation Scheme;

(ii)

any Windrush connected payment;

F6(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;

F7(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 F8or the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023;

F9(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.

F10(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

F11(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,

F12(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)

F13carer support F14... given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,

F15(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,

F16(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;

F17(azj)

care leaver payment;

F18(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;

F19(j)

state pension credit under the State Pension Credit Act 2002;

F20(k)

contributory employment and support allowance.

F21(l)

universal credit

F22(m)

Scottish child payment.

F23(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.

Annotations

Textual amendments

F1

Sch. 2 para. 5(b)(ba) substituted for Sch. 2 para. 5(b) (1.4.1997) by The Advice and Assistance (Scotland) Amendment Regulations 1997 (S.I. 1997/726), regs. 1(1), 5(a) (with reg. 2(1))

F2

Words in Sch. 2 para. 5(ba) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3)

F3

Word in Sch. 2 para. 5(ba) omitted (5.2.2021) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(a)

F4

Sch. 2 para. 5(bb) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(4)(a)

F5

Sch. 2 para. 5(bc) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(b)

F6

Sch. 2 para. 5(bd) inserted (26.11.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/333), regs. 1, 2(4)

F7

Sch. 2 para. 5(be)-(bg) inserted (23.1.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/11), regs. 1, 2(4)

F8

Words in Sch. 2 para. 5(bg) inserted (21.9.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 5(5)

F9

Sch. 2 (5)(bh)-(bk) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 4(4)

F10

Sch. 2 para. 5(d) inserted (6.4.2003) by The Advice and Assistance (Scotland) Amendment Regulations 2003 (S.S.I. 2003/163), regs. 1, 6 (with reg. 2)

F11

Sch. 2 para. 5(d)(aza)(azb) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 4(3) (with reg. 19)

F12

Sch. 2 para. 5(d)(azc)(azd) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 4(3) (with reg. 20)

F13

Sch. 2 para. 5(d)(aze) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 4(4) (with reg. 9)

F14

Word in Sch. 2 para. 5(d)(aze) omitted (15.3.2026) by virtue of The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 5(4) (with reg. 5(1))

F15

Sch. 2 para. 5(d)(azf)(azg) inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 5(3) (with reg. 14)

F16

Sch. 2 para. 5(d)(azh)(azi) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 5(3)

F17

Sch. 2 para. 5(d)(azj) inserted (1.6.2026) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/117), regs. 1, 4(4)

F18

Sch. 2 para. 5(d)(aa)(ab) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(4)(b)

F19

Words in Sch. 2 para. 5(d) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 7 (with reg. 2)

F20

Sch. 2 para. 5(k) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(5)

F21

Sch. 2 para. 5(d)(l) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 9(4)

F22

Sch. 2 para. 5(d)(m) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(c)

F23

Sch. 2 para. 5(n)(o) inserted (3.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/178), regs. 1, 2(3)