
2024 No. 178
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2024
Made 18th June 2024
Laid before the Scottish Parliament 20th June 2024
Coming into force 3rd October 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12(3), 17(2B), 36(1) and (2)(a) and 42 of the Legal Aid (Scotland) Act 1986 and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2024 and come into force on 3 October 2024.
Amendment of the Advice and Assistance (Scotland) Regulations 1996
2 

(1) The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2) In regulation 16(2) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (a)(xvii), insert—“
(xviii) by way of carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(xix) by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
(3) In schedule 2 (assessment of disposable capital and disposable income), after paragraph 5(d)(m), insert—“
(n) carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(o) allowance known as care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
3 

(1) The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows.
(2) In regulation 33 (payments out of property recovered or preserved: exceptions), after sub-paragraph (a)(xxv), insert—“
(xxvi) by way of carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(xxvii) by way of an allowance known as care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
(3) In schedule 2 (rules for computing disposable income), after paragraph 7(o), insert—“
(p) any carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;
(q) any payment made by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
(4) In schedule 3 (rules for computing disposable capital), after paragraph 8(k), insert—“
(l) any carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;
(m) any payment made by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013
4 

(1) The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.
(2) In schedule 1 (assessment of disposable income for the purposes of children’s legal aid), after paragraph 5(q), insert—“
(r) any carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;
(s) an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
(3) In schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), after paragraph 8(k), insert—“
(l) any carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;
(m) any payment made by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022.”.
SIOBHIAN BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
18th June 2024