The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

5.  In computing the capital and income of the person concerned– S

(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 and assistance;

[F1 (b) there shall be left out of account a back to work bonus (payable under the Jobseekers Act 1995);

(ba) there shall be left out of account any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968; and]

(c) 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 and 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.

[F2 (d) there shall be left out of account any payment made in accordance with the following:–

(a) sums payable to holders of the Victoria Cross or George Cross]

(b) tax credits under the Tax Credits Act 2002;

(c) child maintenance bonus;

(d) child support maintenance;

(e) contribution-based jobseeker’s allowance;

(f) severe disablement allowance;

(g) retirement pension;

(h) war widow’s and widower’s pension and war disablement pension;

(i) sums payable to holders of the Victoria Cross or George Cross

[F3 (j) state pension credit under the State Pension Credit Act 2002.]

Textual Amendments

F1 Sch. 2 para. 5(b)(ba) substituted for Sch. 2 para. 5(b) (1.4.1997) by The Advice and Assistance (Scotland) Amendment Regulations 1997 (S.I. 1997/726), regs. 1(1), 5(a) (with reg. 2(1))

F2 Sch. 2 para. 5(d) inserted (6.4.2003) by The Advice and Assistance (Scotland) Amendment Regulations 2003 (S.S.I. 2003/163), regs. 1, 6 (with reg. 2)

F3 Words in Sch. 2 para. 5(d) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 7 (with reg. 2)