PART IIIS ASSESSMENT OF RESOURCES

Circumstances in which resources of spouse not to be taken into account and resources of cohabiteesS

11.—(1) The resources of a person’s spouse shall not be treated as his or her resources if–

(a)the spouse has a contrary interest in the dispute in respect of which application for legal aid is made; or

(b)the Board is satisfied that the person and the spouse are living separate and apart.

[F1(2) For the purposes of section 42 of the Act, two persons living together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex shall be treated as if they were spouses of each other.]

Textual Amendments