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38.—(1) The Civil Legal Aid (Scotland) Regulations 2002(1) are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “income” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
(3) In regulation 33(a)(v) (payments out of property recovered or preserved: exceptions) after “the 1992 Act” insert “, an income-related employment and support allowance”.
(4) In Schedule 2 (rules for computing disposable income) in paragraph 5 after sub-paragraph (e) add—
“(f)an income-related employment and support allowance.”.
(5) In Schedule 3 (rules for computing disposable capital) in paragraph 7 after “(payable under the Jobseekers Act 1995)” insert “or an income-related employment and support allowance”.
S.S.I. 2002/494. Regulation 33 was amended by S.S.I. 2007/59.
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