OpenLegislation

Article 3 Persons eligible for advice and assistanceF1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Advice and assistance to which this Article applies shall, subject to and in accordance with the following provisions of this Part, be available for any person if—

(a)

his disposable income does not exceedF2£234 a week; or

(b)

he is (directly or indirectly) in receipt ofF3 income supportF4, an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance),F5 or

(c)

he is in receipt of a guarantee credit under the State Pension Credit Act (Northern Ireland) 2002,

and F6in any case his disposable capital does not exceedF7 £1,000F8 £3,000.

(2)

Regulations may provide that there shall be substituted—

(a)

for the weekly sum specified in paragraph (1) such other weekly sum as may be prescribed;

(b)

for the capital sum so specified, such other capital sum as may be prescribed.

(F93)

Regulations made by virtue of paragraph (2)(b) may provide for the substitution of different capital sums in relation to—

(a)

advice and assistance other than assistance by way of representation; and

(b)

assistance by way of representation.

Annotations

Textual amendments

F1

Pt. 2 (to the extent that it remains in operation) repealed (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)

F2

Words in art. 3(1)(a) substituted (6.4.2009) by Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2009 (S.R. 2009/103), reg. 3

F3

1986 NI 18

F4

Words in art. 3(1)(b) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 2(2)

F5

Art. 3(1)(c) and word inserted (7.1.2013) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 82(2)(a), 111(3); S.R. 2012/449, art. 2(a)

F6

Words in art. 3(1) substituted (7.1.2013) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 82(2)(b), 111(3); S.R. 2012/449, art. 2(a)

F7

SR 1992/106

F8

in relation to assistance by way of representation, SR 1986/241

F9

1986 NI 12

Notes on the whole Order

Textual amendments

F1

Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation, otherwise prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2003/344, art. 4, Sch. 2; S.R. 2006/27, art. 3; S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)

F2

functions transferred by SI 1982/159