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Section 8 Availability of advice & assistance.C2C1

Scotland

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

Subject to F1any provision made in regulations under section 8A(1) F2or 9(1) and section 11(2) of this Act, advice and assistance to which this Part applies shall be available in Scotland for any client if—

(a)

his disposable income does not exceed F3£245 a week; or

(b)

he is (directly or indirectly) in receipt of F4universal credit under Part 1 of the Welfare Reform Act 2012, F5income support F6, an income-based jobseeker's allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),,

and his disposable capital does not exceed F7£1,716.

Annotations

Textual amendments

F1

Words in s. 8 inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 2(2), 9

F2

Words in s. 8 inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(3), 25(2); S.S.I. 2013/262, art. 2

F3

Word in s. 8(a) substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(2) (with reg. 3)

F4

Words in s. 8(b) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 3(2)

F5

Words in s. 8(b) substituted (8.4.2003) by Tax Credits Act 2002 (c. 21), ss. 47, 61, Sch. 3 para. 11; S.I. 2003/962, art. 2(4)(d)

F6

Words in s. 8(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 4(3); S.I. 2008/787, art. 2(4)(f)

F7

Word in s. 8 substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(3) (with reg. 3)

Modifications

C1

S. 8 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(a)

C2

Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3

Notes on Part II

Modifications

C1

Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

C2

Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))