(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–

(a)

the rules concerning the assessment of applicants' resources in relation to the computing of disposable income are amended to provide that state pension credit payable under the State Pension Credit Act 2002 shall be disregarded (regulation 5);

(b)

the rule which requires the amount of the net liability of the Scottish Legal Aid Fund in any case to be paid out of any property recovered or preserved shall not apply in respect of money payable by way of state pension credits (regulation 4); and

(c)

the requirement on a person in receipt of civil legal aid to pay the amount of any net liability of the Scottish Legal Aid Fund shall not apply to the first £4,821 recovered or preserved by virtue of certain family proceedings (the sum is increased from £4,653) (regulation 4).

The Regulations apply only in relation to any case where an application for civil legal aid is made on or after 9th April 2007 (regulation 2).