Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, Section 3 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
3.—(1) Advice and assistance to which this Article applies shall, subject to and in accordance with the following provisions of this Part, be available for any person if—
(a)his disposable income does not exceed[F2£234] a week; or
(b)he is (directly or indirectly) in receipt of[F3 income support[F4, an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance),]][F5 or
(c)he is in receipt of a guarantee credit under the State Pension Credit Act (Northern Ireland) 2002,]
and [F6in any case] his disposable capital does not exceed[F7 £1,000][F8 £3,000].
(2) Regulations may provide that there shall be substituted—
(a)for the weekly sum specified in paragraph (1) such other weekly sum as may be prescribed;
(b)for the capital sum so specified, such other capital sum as may be prescribed.
[F9(3) Regulations made by virtue of paragraph (2)(b) may provide for the substitution of different capital sums in relation to—
(a)advice and assistance other than assistance by way of representation; and
(b)assistance by way of representation.]]
F1 Pt. 2 (to the extent that it remains in operation) repealed (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
F2Words in art. 3(1)(a) substituted (6.4.2009) by Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2009 (S.R. 2009/103), reg. 3
F4Words in art. 3(1)(b) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 2(2)
F5Art. 3(1)(c) and word inserted (7.1.2013) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 82(2)(a), 111(3); S.R. 2012/449, art. 2(a)
F6Words in art. 3(1) substituted (7.1.2013) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 82(2)(b), 111(3); S.R. 2012/449, art. 2(a)
F7SR 1992/106
F8in relation to assistance by way of representation, SR 1986/241
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
