C4C6Part IIAdvice and Assistance
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))
C211C1F7Clients' contributions: general
1
C3C52
Where—
a
a client’s disposable income exceeds F5£105 a week; and
b
he is not (directly or indirectly) in receipt of F6universal credit under Part 1 of the Welfare Reform Act 2012,F2income support or F3, 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),
he shall be liable to pay, in respect of the advice and assistance, fees or outlays up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under this section, and such regulations may prescribe different maximum payments for different amounts of disposable income and for different cases or classes of case.
F42A
A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom F11advice and assistance (other than assistance by way of representation to which section 9A applies) has been provided by a solicitor employed by the Board under sections 26 and 27 F12or section 28A of this Act shall pay to the Board such contribution in that respect as the Board may, subject to subsection (3A) below, determine.
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43A
The amount determined by the Board under subsection (2A) above shall not exceed the amount which would be charged by a solicitor who is not employed by the Board under sections 26 and 27 F13or section 28A of this Act.
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5