The Advice and Assistance (Scotland) Amendment Regulations 1998

Amendment of principal Regulations

5.  In Schedule 2 to the principal Regulations (assessment of disposable capital and disposable income)–

(a) in paragraph 1 after the definition of “capital” there shall be inserted–

““dependent person” means a person wholly or substantially maintained by the person concerned”;

(b) in paragraph 6(d) for the words “, a dependent child, or a dependent relative wholly or substantially maintained by him” there shall be substituted the words “or a dependent person”;

(c) for paragraph 7(c) there shall be substituted–

“7— (c) there shall be a deduction in respect of the maintenance of the spouse of the person concerned, if the spouses are living together, in respect of the maintenance of any dependent person, being a member of his or her household, at the following rates:–

(i) in the case of a spouse, at a rate equivalent to the difference, as at the date when the application for advice and assistance is made, between the income support allowance for a couple where both members are aged not less than 18 (which is specified in column (2) of paragraph 1(3)(d) of Part I of Schedule 2 to the Income Support (General) Regulations 1987(1)), and the allowance for a single person aged not less than 25 (which is specified in column (2) of paragraph 1(1)(e) of Part I of Schedule 2 to those Regulations(2));

(ii) in the case of a dependent person aged under 19, at a rate equivalent to the amount specified in, column 2 of paragraph 2(1) of Part I of Schedule 2 to the Income Support (General) Regulations 1987(3) appropriate to that person as at the date when the application for advice and assistance is made;

(iii) in the case of a dependent person aged 19 or over, at a rate equivalent to the amount specified in column 2 of paragraph 2(1)(c) of Part I of Schedule 2 to the Income Support (General) Regulations 1987;”.

(d) for paragraph 10(2) there shall be substituted “In this Schedule “pensionable age” means the age of 60”.

(1)

S.I. 1987/1967, as relatively amended by S.I. 1996/2545 and S.I. 1997/543.

(2)

The amount specified was substituted by S.I. 1997/543.

(3)

The allowances specified were amended by S.I. 1997/2545 and the amounts specified were substituted by S.I. 1997/543.