The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

7.  In computing the income of the person concerned– S

(a) there shall be left out of account–

(i) any income tax paid or payable on income treated under the provisions of this Schedule as his income;

(ii) the amount estimated to have been paid by way of contributions under the 1992 Act or any scheme made under [F1 that Act] in respect of the seven days up to and including the date of the application for advice or assistance;

(b) there shall be left out of account any payment made by the Secretary of State under the Earnings Top-up Scheme 1996 M1 ;

[F2 (c) there shall be a deduction in respect of the maintenance of the spouse of the person concerned, if the spouses are living together, in respect of the maintenance of any dependent person, being a member of his or her household, at the following rates:–

(i) in the case of a spouse, at a rate equivalent to the difference, as at the date when the application for advice and assistance is made, between the income support allowance for a couple where both members are aged not less than 18 (which is specified in column (2) of paragraph 1(3)(d) of Part I of Schedule 2 to the Income Support (General) Regulations 1987), and the allowance for a single person aged not less than 25 (which is specified in column (2) of paragraph 1(1)(e) of Part I of Schedule 2 to those Regulations);

(ii) in the case of a dependent person aged under 19, at a rate equivalent to the amount specified in, column [F3 (2)] of paragraph 2(1) of Part I of Schedule 2 to the Income Support (General) Regulations 1987 appropriate to that person as at the date when the application for advice and assistance is made;

(iii) in the case of a dependent person aged 19 or over, at a rate equivalent to the amount specified in column [F4 (2)] of paragraph [F5 2(1)(b)] of Part I of Schedule 2 to the Income Support (General) Regulations 1987 [F6 as at the date when the application for advice and assistance is made];]

Textual Amendments

F1 Words in Sch. 2 para. 7(a)(ii) substituted (1.4.1997) by The Advice and Assistance (Scotland) Amendment Regulations 1997 (S.I. 1997/726), regs. 1(1), 5(b) (with reg. 2(1))

F2 Sch. 2 para. 7(c) substituted (6.4.1998) by The Advice and Assistance (Scotland) Amendment Regulations 1998 (S.I. 1998/724), regs. 1(1), 5(c) (with reg. 2)

F3 Word in Sch. 2 para. 7(c)(ii) substituted (7.7.2000) by The Advice and Assistance (Scotland) Amendment Regulations 2000 (S.S.I. 2000/181), regs. 1(1), 2(3)(a)

F4 Word in Sch. 2 para. 7(c)(iii) substituted (7.7.2000) by The Advice and Assistance (Scotland) Amendment Regulations 2000 (S.S.I. 2000/181), regs. 1(1), 2(3)(a)

F5 Word in Sch. 2 para. 7(c)(iii) substituted (7.7.2000) by The Advice and Assistance (Scotland) Amendment Regulations 2000 (S.S.I. 2000/181), regs. 1(1), 2(3)(b)(i)

F6 Words in Sch. 2 para. 7(c)(iii) inserted (7.7.2000) by The Advice and Assistance (Scotland) Amendment Regulations 2000 (S.S.I. 2000/181), regs. 1(1), 2(3)(b)(ii)

Marginal Citations

M1 This Scheme, which applies only in certain areas of Great Britain, is an extra-statutory Scheme introduced by the Secretary of State for Social Security having effect on 8th October 1996. Copies of the Rules of the Scheme may be obtained from the Customer Service's Manager, Earnings Top-up, Norcross, Blackpool, FY5 3TA and will be available for inspection at the Department of Social Security, 9th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6H5 and Offices of the Benefits Agency and Employment Job Centres which serve the area specified in Schedule 1 to the Scheme.