The Pensions Regulator Tribunal (Legal Assistance Scheme) Regulations 2005

Further assessments

15.—(1) Where it appears that the circumstances of the assisted person may have altered so that—

(a) his disposable income has increased by an amount greater than £750 or decreased by an amount greater than £300; or

(b) his disposable capital has increased by an amount greater than £750,

the Tribunal shall, subject to paragraph (6), make a further assessment of the assisted person’s resources and any contribution which he is required to pay under regulation 34, in accordance with these Regulations.

(2) Where a further assessment is made, the period of calculation for the purposes of disposable income shall be the period of 12 months following the date of the change of circumstances or such other period of 12 months as the Tribunal considers appropriate.

(3) Where a further assessment is made, the amount or value of every resource of a capital nature acquired since the date of the original application shall be ascertained as at the date of receipt of that resource.

(4) Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the legal assistance, including costs already incurred.

(5) Where legal assistance is withdrawn as a result of a further assessment of capital, the Tribunal may require a contribution to be paid in respect of costs already incurred.

(6) The Tribunal may decide not to make a further assessment under paragraph (1) if it considers such a further assessment inappropriate, having regard in particular to the period during which legal assistance is likely to continue to be provided to the assisted person.