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

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments and revoke the Advice and Assistance (Scotland) Regulations 1987 and the Regulations amending those Regulations.

The main amendments are as follows:–

(a) the previous reference to “parent or guardian” in regulation 6(2) has been substituted in consequence of the Children (Scotland) Act 1995 to allow an application for advice and assistance to be made on behalf of a child by any person having parental responsibilities in relation to the child;

(b) the prior right to payment of fees and outlays from property preserved does not apply to money paid by way of an income-based jobseeker’s allowance, a contribution-based jobseeker’s allowance or incapacity benefit (regulation 16);

(c) any back to work bonus treated as payable by way of a jobseeker’s allowance is excluded from the computation of capital and income (paragraph 5(b) of Schedule 2); and

(d) any payment made under the Earnings Top-up Scheme is excluded from the computation of income (paragraph 7(b) of Schedule 2).