The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

8.—(1) The Civil Legal Aid (Scotland) Regulations 2002(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 33(a) (payments out of property recovered or preserved: exceptions) after sub-paragraph (xviii) insert—

“(xix) by way of child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021(2) (“the 2021 Regulations”),

(xx) by way of short-term assistance given in accordance with Part 1 (short-term assistance) of the schedule of the 2021 Regulations,

(xxi) by way of adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022(3) (“the 2022 Regulations”),

(xxii) by way of short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the 2022 Regulations,”.

(3) In paragraph 7 of schedule 2 (rules for computing disposable income), after sub-paragraph (j) insert—

“,

(k) adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022(4) (“the 2022 Regulations”),

(l) short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the 2022 Regulations”.

(1)

S.S.I. 2002/494, relevantly amended by S.S.I. 2013/65, S.S.I. 2013/142, S.S.I. 2020/424, S.S.I. 2021/73 and S.S.I. 2021/333.

(2)

S.S.I. 2021/174, amended by S.S.I. 2021/416.

(3)

S.S.I. 2022/54.

(4)

S.S.I. 2022/54.