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Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1996

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Amendment to the principal Regulations

3.  The principal Regulations shall be amended as follows—

(a)in Regulation 1(2), after the definition of “income” there shall be inserted the following definition—

  • “income-based jobseeker’s allowance” has the meaning given by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995(1), but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of Article 28 of that Order;;

(b)for rule 5 of Schedule 1 there shall be substituted the following new rule—

5.  Where the person concerned or his spouse is in receipt of income support paid under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2), or of income based jobseeker’s allowance, the person concerned shall, for the period during which income support or income based jobseeker’s allowance is received, be deemed to have a disposable income which does not exceed the figure for the time being specified in Article 12(1)(a) of the Order.;

(c)in rule 6 of Schedule 1 after sub-paragraph (c), there shall be inserted the following sub-paragraph—

(d)so much of any back to work bonus received under Article 28 of the Jobseekers (Northern Ireland) Order 1995 as is by virtue of that Article to be treated as payable by way of a jobseeker’s allowance.;

(d)in rule 6A of Schedule 2, after the words “Social Security Contributions and Benefits (Northern Ireland) Act 1992” there shall be inserted the words “or income based jobseeker’s allowance,”;

(e)for rule 6B of Schedule 2, there shall be substituted the following new rule—

6B.  In computing the amount of capital of the person concerned, there shall be disregarded—

(a)so much of any back to work bonus received under Article 28 of the Jobseekers (Northern Ireland) Order 1995 as is by virtue of that Article to be treated as payable by way of a jobseeker’s allowance; and

(b)the whole of any payment out of the social fund under the Social Security Contributions and Benefits (Northern Ireland) Act 1992..

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