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Statutory Rules of Northern Ireland
LEGAL AID AND ADVICE
4th March 1998
To be laid before Parliament
Coming into operation
6th April 1998
1. (1) These Regulations may be cited as the Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 6th April 1998.
(2) In these Regulations—
(a)a Regulation, Schedule or rule referred to by a number means the Regulation, Schedule or rule so numbered in the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981(3);
(b)“the period of computation” means the period of computation as defined in Regulation 1(2).
2. (1) These Regulations shall apply to any application for legal aid where the period of computation begins on or after 6th April 1998.
(2) These Regulations shall not apply to re-determinations under Regulation 12, determinations under Regulation 13 and amended determinations under Regulation 14 in respect of applications where the period of computation began before 6th April 1998.
3. (1) In rule 11(1)(b) of Schedule 1, after the first occurrence of the word “relative”, there shall be inserted the words “aged 18 or under”.
(2) At the end of rule 11(1)(b) of Schedule 1, there shall be inserted the following—
“(c)in the case of a dependent child or a dependent relative aged 19 or over, at a rate equivalent to the amount which would have been specified in accordance with rule 11(1)(b) immediately before he attained the age of 19.”.
4. Rule 13A(2) of Schedule 2 shall be amended by substituting in sub-paragraph (a) “60” for “65”.
Irvine of Lairg, C.
Dated 4th March 1998
Two of the Lord’s Commissioners of Her Majesty’s Treasury
Dated 10th March 1998
(This note is not part of the Regulations.)
These Regulations amend the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981 so as to—
(a)make further provision for a deduction to be made for a dependent child or a dependent relative aged 19 or over when computing the income of a person during the assessment of his resources in respect of an application for legal aid;
(b)change the definition of pensionable age for a man from 65 to 60 in Schedule 2. This will align the age at which men and women can have capital disregarded during the computation of their capital for a legal aid application.
S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the words “prescribed” and “regulations”
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