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Part IIS Advice and Assistance

Modifications etc. (not altering text)

C1Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

C2Pt. 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) and as amended (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) and as further amended (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))

11 Clients’ contributions. S

(1)A client shall not be required to pay any fees or outlays in respect of advice and assistance received by him in pursuance of this Part of this Act except in accordance with subsection (2) [F1, (2A)][F2or (3)] below.

(2)Where—

(a)a client’s disposable income exceeds [F3£105] a week; and

(b)he is not (directly or indirectly) in receipt of [F4universal credit under Part 1 of the Welfare Reform Act 2012,] [F5income support or [F6, 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.

[F7(2A)A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom criminal legal assistance or advice or assistance which is not criminal legal assistance has been provided by a solicitor employed by the Board under sections 26 and 27 of this Act shall pay to the Board such contribution in that respect as the Board may, subject to subsection (3A) below, determine.]

[F8(3)Where a client to whom paragraphs (a) and (b) of subsection (2) above apply receives criminal legal assistance from a solicitor employed by the Board by virtue of section 28A of this Act, he shall pay to the Board such contribution in respect of that assistance as the Board may, subject to subsection (4) below, determine.]

[F7(3A)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 of this Act.]

[F8(4)The amount determined by the Board under subsection (3) above shall not exceed the amount which could have been charged in respect of the assistance in question by a solicitor.]

Textual Amendments

F1Words in s. 11(1) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(a), 15(3)

F2Words in s. 11(1) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(3)(a); S.I. 1997/2323, art. 6(2)

F5Words in s. 11(2)(b) substituted (8.4.2003) by Tax Credits Act 2002 (c. 21), ss. 47, 61, Sch. 3 para. 12; S.I. 2003/962, art. 2(4)(d)

F6Words in s. 11(2)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 4(3); S.I. 2008/787, art. 2(4)(f)

F7S. 11(2A)(3A) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(b), 15(3)

F8S. 11(3)(4) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(3)(b); S.I. 1997/2323, art. 6(2)

Modifications etc. (not altering text)

C3Pt. II (ss. 6-12) applied by S.I. 1988/2290, reg. 3

C4S. 11 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(b)