The Civil Legal Aid (Assessment of Resources) (Amendment) Regulations 1996

Amendments to the Civil Legal Aid (Assessment of Resources) Regulations 1989

6.—(1) In paragraph 10(1) of Schedule 3, for “wholly disregarded”there shall be substituted the following:—

• “taken to be the amount for which that interest could be sold in the open market, subject to the following rules:—

  (a)

  the amount to be allowed in respect of any mortgage debt or heritable security shall not exceed £100,000;

  (b)

  the first £100,000 of the value of that interest, after the application of the rule in paragraph (a), shall be disregarded.”.

(2) in paragraph 10(2) of Schedule 3, for the words from “in respect of”to the end of the paragraph there shall be substituted the following:—

• “the amount for which any interest in a dwelling which is not the main dwelling could be sold in the open market; provided that the total amount to be allowed in respect of any mortgage debts or heritable securities over all such dwellings, together with any amount allowed under sub-paragraph (1)(a) in respect of the main dwelling, shall not exceed £100,000.”.