# The Legal Advice and Assistance (Amendment) (No. 3) Regulations 1996

S.I. 1996/2308 · made 2 September 1996

These Regulations amend the Legal Advice and Assistance Regulations 1989, so that: —

Made under: Legal Aid Act 1988 (Section 34, Section 43)

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 2nd September 1996
Laid before Parliament 16th September 1996
Coming into force 7th October 1996
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988 and with the consent of the Treasury, hereby makes the following Regulations: —

## 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1996 and shall come into force on 7th October 1996.

## 2 Interpretation

In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989.

## 3 Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 3(1), after the definition of “fund”there shall be inserted the following: —
““income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995, but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of section 26 of that Act;”.

## 4 Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 9(4)(b) and (c), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”.

## 5 Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 10(2)(b) and (c), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”.

## 6 Amendments to the Legal Advice and Assistance Regulations 1989

Regulation 13 shall be amended as follows: —
(a) in paragraph (2), after “income support,”there shall be inserted “income-based jobseeker’s allowance,”;
(b) in paragraph (3), after “income support”there shall be inserted “or income-based jobseeker’s allowance”.

## 7 Amendments to the Legal Advice and Assistance Regulations 1989

After paragraph 7(2) of Schedule 2, there shall be inserted the following: —
“(3) In computing the capital and income of the person concerned, there shall be left out of account so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of a jobseeker’s allowance.”.

## 8 Amendments to the Legal Advice and Assistance Regulations 1989

After paragraph 9A of Schedule 2, there shall be inserted the following: —
“9B In computing the disposable income of any person there shall be disregarded any payment made by the Secretary of State under the Earnings Top-up Scheme 1996.”.

## Signature

Mackay of Clashfern, C.
Dated 23rd August 1996
We consent,
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 2nd September 1996

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance Regulations 1989, so that: —
(a) a person in receipt of income-based jobseeker’s allowance need not provide details of his financial resources when applying for advice and assistance, and that his financial resources are to be taken not to exceed the eligibility limit for the time being;
(b) any back to work bonus treated as payable by way of a jobseeker’s allowance is excluded from the computation of capital or income;
(c) earnings top-up is excluded from the computation of income.

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Source: https://www.legislation.gov.uk/uksi/1996/2308 (the official version)
Page: https://openlegislation.uk/legal-advice-and-assistance-amendment-no-3-regulations-1996
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.