The Advice and Assistance (Scotland) Amendment Regulations 2010

Amendment of the Advice and Assistance (Scotland) Regulations 1996

5.  In Schedule 2 (assessment of disposable capital and disposable income)—

(a) omit paragraph 2;

(b) in paragraph 2A(1) omit “in relation to a criminal matter”; and

(c) after paragraph 4 insert—

“4A.— (1) Subject to sub-paragraph (3), if the person concerned is a child the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985(1) are to be treated as part of the child’s own resources.

(2) In sub-paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3) Sub-paragraph (1) applies only—

(i) in respect of advice and assistance in relation to non-criminal matters; and

(ii) if its application in the particular circumstances would not be unjust or inequitable.”.

(1)

1985 c. 37.