# The Civil Legal Aid (Scotland) Regulations 2002, Regulation 33: Payments out of property recovered or preserved: exceptions


Section 17(2B) of the Act (which requires the amount of the net liability of the Fund on account of any party to be paid by that party out of any property recovered or preserved for that party) shall not apply–
(a) in respect of any money payable–
(i) under a decree following on an action for aliment within the meaning of the Family Law (Scotland) Act 1985 ;
(ii) under an order for the payment of a periodical allowance under section 5 of the Divorce (Scotland) Act 1976 , or for the making of a periodical allowance under section 8 of the Family Law (Scotland) Act 1985 ;
(iii) under any order for the periodical payment of sums for the maintenance of any person which, by virtue of the Maintenance Orders Act 1950 , the Maintenance Orders (Reciprocal Enforcement) Act 1972 or the Civil Jurisdiction and Judgments Act 1982 , may be enforced in Scotland;
(iiia) by way of carer’s allowance under section 70 of the 1992 Act,
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) by way of disabled person’s tax credit, income support or working families’ tax credit under section 124 , 128 , or 129 of the 1992 Act , an income-related employment and support allowance, or an income-based jobseeker’s allowance or a back to work bonus (payable under the Jobseekers Act 1995 );
(vi) by way of aliment or periodical allowance or periodical payment of sums by virtue of any settlement arrived at to prevent or bring to an end proceedings in which such a decree or order as is mentioned in sub-paragraphs (i) to (iii) above may be granted;
(vii) by way of any Welfare Fund payment;
(viii) by way of any housing benefit under section 130 of the 1992 Act ;
(ix) by way of child support maintenance under the Child Support Act 1991 ;
(x) by way of 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;
(xi) under an order made by the Social Security Commissioners or ... under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made;
(xii) by way of state pension credit under the State Pension Credit Act 2002;
(xiii) by way of universal credit under Part 1 of the Welfare Reform Act 2012;
(xiv) by way of personal independence payment under section 79 of the Welfare Reform Act 2012 or by way of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
(xv) by way of any payment made under the Windrush Compensation Scheme;
(xvi) by way of any Windrush connected payment;
(xvii) by way of any Scottish child payment;
(xviii) by way of 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;
(xix) by way of child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (“the 2021 Regulations”),
(xx) by way of short-term assistance given in accordance with Part 1 (short-term assistance) of the schedule of the 2021 Regulations,
(xxi) by way of adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the 2022 Regulations”),
(xxii) by way of short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the 2022 Regulations,
(xxiii) by way of any payment made under the Scottish Infected Blood Support Scheme;
(xxiv) by way of any additional payment;
(xxv) by way of Carer Support;
(xxvi) by way of carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(xxvii) by way of an allowance known as care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022;
(xxviii) by way of any human trafficking or exploitation victim payment,
(xxix) by way of any miscarriage of justice payment,
(xxx) by way of any Grenfell Tower payment,
(xxxi) by way of any payment made under the Infected Blood Compensation Scheme;
(xxxii) by way of Scottish adult disability living allowance under the 2025 Regulations;
(xxxiii) short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of the 2025 Regulations;
(xxxiv) by way of a care leaver payment.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in respect of any article—
(i) which has, or has purported to have, been attached; and
(ii) in respect of which the sheriff has by virtue of subsection (3) of section 55 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), made an order under subsection (2) of that section;
(d) in respect of any article which is recovered or preserved from the effects of an attachment which, by virtue of—
(i) section 11(1) of that Act of 2002; or
(ii) the article not being a non-essential asset for the purposes of Part 3 of that Act,
is incompetent;
(e) to 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.

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Source: https://www.legislation.gov.uk/ssi/2002/494/regulation/33 (the official version)
Page: https://openlegislation.uk/civil-legal-aid-scotland-regulations-2002/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.