The Advice and Assistance (Scotland) Regulations 1987

Regulation 6

SCHEDULE 2 ASSESSMENT OF DISPOSABLE CAPITAL AND DISPOSABLE INCOME

1.  In this Schedule, unless the context otherwise requires–

“capital” means the amount or value of every resource of a capital nature;

“income” means the total income from all sources which the person concerned received or became entitled to during or in respect of the seven days up to and including the date of his application;

“the person concerned” means the person whose disposable capital and disposable income are to be determined.

2.  Any question arising under this Schedule shall be decided by the solicitor, and the solicitor, in deciding any such question, shall have regard to any guidance which may from time to time be given by the Board as to the application of this Schedule.

3.  The disposable capital and disposable income of the person concerned shall be the capital and income as determined by the solicitor after making such deductions as are to be made under the provisions of this Schedule.

4.  The resources of any person who, under section 17 of the Supplementary Benefits Act 1976(1) is liable to maintain a child or who usually contributes substantially to a child’s maintenance, or who has care and control of the child, not being a person who has such care and control by reason of any contract for some temporary purpose, may be treated as the resources of the child, if, having regard to all the circumstances, including the age and resources of the child and to any conflict of interest, it appears just and equitable to do so.

5.  If it appears to the solicitor that the person concerned has, with intent to reduce his disposable capital or disposable income or maximum contribution, directly or indirectly deprived himself of any resource or has converted any part of his resources into resources which are to be left out of account wholly or partly, the resources of which he has so deprived himself or which he has so converted shall be treated as part of his resources or as not so converted, as the case may be.

6.  In computing the capital and income of the person concerned–

(a) there shall be left out of account the value of the subject matter of any claim in respect of which the person concerned is applying for advice or assistance;

(b) the resources of any spouse of the person concerned shall be treated as that person’s resources unless–

(i) the spouse has a contrary interest in the matter in respect of which the person concerned is applying for advice or assistance, or

(ii) the person concerned and spouse are living separate and apart, or

(iii) in all the circumstances of the case it would be inequitable or impracticable to do so.

7.  In computing the capital of the person concerned–

(a) the value of his household furniture and effects, of articles of personal clothing and of the tools and implements of his trade shall be left out of account;

(b) there shall be left out of account the value of the main or only dwelling in which he resides;

(c) where the applicant has an interest in a dwelling other than the main one in which he resides, there shall be taken into account any sum which may be obtained by borrowing money on the security thereof;

(d) where the person concerned is living with one or more of the following persons, namely, a spouse whose resources are required to be aggregated with his, a dependent child, or a dependent relative wholly or substantially maintained by him, a deduction shall be made of £200 in respect of the first person, £120 in respect of the second person and £60 in respect of each further person.

8.  In computing the income of the person concerned–

(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 under the Social Security Acts 1975-1986 or any scheme made under those Acts in respect of the seven days up to and including the date of the application for advice or assistance;

(b) there shall be a deduction in respect of the spouse of the person concerned, if the spouses are living together, in respect of the maintenance of any dependent child and in respect of the maintenance of any dependent relative of the person concerned, being, in either of such cases, a member of his household, at the following rates:–

(i) in the case of a spouse at a rate equivalent to 25 per cent above the amount specified for the time being in column (3) of paragraph 6 of Part IV of Schedule 4 to the Social Security Act 1975 (increase for adult dependent of category A retirement pensioner)(2);

(ii) in the case of a dependent child or a dependent relative, at a rate equivalent to 25 per cent above the amount specified for the time being in paragraph 3 of Schedule 1 to the Supplementary Benefit (Requirements) Regulations 1983(3) appropriate to the age of the child or relative.

9.  If the person concerned is makingbona fide payments for the maintenance of a spouse who is living apart, of a former spouse, of a child or relative who is not (in any such case) a member of the household of the person concerned, there shall be a deduction of such payment as was made during or in respect of the seven days up to and including the date of the application for advice or assistance.

10.  Where it appears to the solicitor that there has been some error or mistake in the determination of the disposable income, disposable capital or maximum contribution of the person concerned, he may redetermine the disposable income or disposable capital or maximum contribution or, as the case may be, amend the determination, and in the latter case the amended determination shall for all purposes be substituted for the original determination.

(1)

1976 c. 71; section 17 was amended by the Social Security Act 1980 (c. 30), Schedule 2, Part I, paragraph 16.

(2)

1975 c. 14; relevant amendments to Schedule 4 were made by S.I. 1986/1117; Schedule 4 will be further amended (as from 6th April 1987) by S.I. 1987/45.

(3)

S.I. 1983/1399; relevant amendments to Schedule 1 were made by S.I. 1986/1173; Schedule 1 will be further amended (as from 6th April 1987) by S.I. 1987/49.