# The Civil Legal Aid (Scotland) Amendment Regulations 1990, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Scotland) Regulations 1987 by–
(1) introducing a provision whereby a person whose application for legal aid is in respect of a claim for personal injuries, shall be eligible for legal aid if the applicant’s disposable income does not exceed £7,000 and legal aid may be available if his disposable capital does not exceed £8,000 (regulation 5);
(2) omitting regulation 12 of the 1987 Regulations so that a child’s resources are separately assessed and are no longer taken to include sums payable for his maintenance (regulation 6);
(3) amending regulation 13 of the 1987 Regulations to allow account to be taken of resources of which an applicant has deprived himself for whatever reason (regulation 7);
(4) introducing a provision for the redetermination of a child’s disposable income, disposable capital or maximum contribution where a determination resulting in a contribution has been made prior to the commencement of these regulations (regulation 8);
(5) preserving the dependants' allowances applicable at the beginning of the computation period (regulation 9);
(6) allowing an additional disregard of capital on a sliding scale in respect of persons of pensionable age where their disposable income (excluding investment income) is below the free income limit (regulation 10);
(7) allowing a disregard in respect of capital payments made in relation to the incident which has led to the litigation (eg disaster fund payments) (regulation 11).

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Source: https://www.legislation.gov.uk/uksi/1990/631/note (the official version)
Page: https://openlegislation.uk/civil-legal-aid-scotland-amendment-regulations-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

