8 Availability of advice & assistance. S
Subject to [F1any provision made in regulations under section 8A(1) [F2or 9(1)] and] section 11(2) of this Act, advice and assistance to which this Part applies shall be available in Scotland for any client if—
(a)his disposable income does not exceed [F3£245] a week; or
(b)he is (directly or indirectly) in receipt of [F4universal credit under Part 1 of the Welfare Reform Act 2012,] [F5income support [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),]],
and his disposable capital does not exceed [F7£1,716].
Textual Amendments
F1Words in s. 8 inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 2(2), 9
F2Words in s. 8 inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(3), 25(2); S.S.I. 2013/262, art. 2
F3Word in s. 8(a) substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(2) (with reg. 3)
F4Words in s. 8(b) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 3(2)
F5Words in s. 8(b) substituted (8.4.2003) by Tax Credits Act 2002 (c. 21), ss. 47, 61, Sch. 3 para. 11; S.I. 2003/962, art. 2(4)(d)
F6Words in s. 8(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)
F7Word in s. 8 substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(3) (with reg. 3)
Modifications etc. (not altering text)
C1Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3
C2S. 8 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(a)