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The Legal Aid (Assessment of Resources) (Amendment) Regulations 1988

S.I. 1988/467 · Made 9 March 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 9th March 1988

Laid before Parliament 15th March 1988

Coming into force 11th April 1988

The Lord Chancellor, in exercise of the powers conferred on him by sections 11, 20 and 25 of the Legal Aid Act 1974f1, and with the concurrence of the Treasury, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1974 c. 4; section 11 was amended by the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 9 and by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 46; section 20 was amended by the Legal Aid Act 1979 (c. 26), section 4(2), by the Civil Jurisdiction and Judgments Act 1982 (c. 27), section 40(1) and by the Legal Aid Act 1982 (c. 44), sections 1, 16; section 25 is an interpretation provision and is cited because of the meanings assigned to the words“prescribed” and“regulations”.

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. Signature
  9. Explanatory note

1

(1)

These Regulations may be cited as the Legal Aid (Assessment of Resources) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.

(2)

In these Regulations, a Schedule referred to by number means the Schedule so numbered to the Legal Aid (Assessment of Resources) Regulations 1980f1.

2

After rule 4 of Schedule 2, there shall be inserted the following—

“5

In computing the disposable income of the person concerned, there shall be disregarded income support paid under the Social Security Act 1986.”.

3

For rule 6 of Schedule 2, there shall be substituted the following—

“6

There shall be disregarded—

(a)

attendance allowance paid under the Social Security Acts 1975—1986;

(b)

mobility allowance paid under the Social Security Acts 1975—1986;

(c)

constant attendance allowance paid as an increase to a disablement pension under section 61 of the Social Security Act 1975f1; and

(d)

any payment made out of the social fund under section 32 of the Social Security Act 1986.”.

4

For rule 7(d) of Schedule 2, there shall be substituted the following—

“(d)

the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975f1 or to a personal pension scheme within the meaning of the Social Security Act 1986.”.

5

For rule 9(4) of Schedule 2, there shall be substituted the following—

“(4)

Where any amount of the rent or rates is met by a rebate or allowance under Part II of the Social Security and Housing Benefits Act 1982f1, by any rate rebate or by housing benefit under the Social Security Act 1986, the amount so met shall be deducted from the rent to be considered under paragraph (1) of this rule.”.

6

For rule 11(1)(b) of Schedule 2, there shall be substituted the following—

“(b)

in the case of a dependent child or a dependent relative, at a rate equivalent to 25 per cent above the amount specified for the time being in paragraph 2 of Part I of Schedule 2 to the Income Support (General) Regulations 1987f1 appropriate to the age of the child or relative.”.

7

After rule 6 of Schedule 3, there shall be inserted the following—

“6A

In computing the amount of capital of the person concerned where that person is in receipt of income support under the Social Security Act 1986, there shall be disregarded any amount which exceeds the sum for the time being specified in section 9(1)(b) of the Actf1.

6B

In computing the amount of capital of the person concerned, there shall be wholly disregarded any payment which is made out of the social fund under section 32 of the Social Security Act 1986.”.

Signature

Mackay of Clashfern, C.

Dated 8th March 1988

Mark Lennox-Boyd

David Lightbown

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 10th March 1988

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Legal Aid (Assessment of Resources) Regulations 1980 in consequence of the provisions of the Social Security Act 1986 relating to income support, housing benefit, payments out of the social fund and personal pension schemes.