The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

PART 3 Payment for services

Contributions

44.—(1) Subject to regulation 20, all contributions must be—

(a) assessed at the beginning of the case; and

(b) paid to the Lord Chancellor.

(2) Subject to regulation 6(2) or 6(3), where—

(a) an application is made for—

(i) legal representation, except legal representation before—

(aa) the Immigration and Asylum Chamber of the First-tier Tribunal(1); and

(bb) the Immigration and Asylum Chamber of the Upper Tribunal(2) in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal;

(ii) family help (higher); or

(iii) such other legal services as are the subject of a determination under section 10 of the Act; and

(b) the individual’s monthly disposable income exceeds £315,

the individual must pay the following contributions—

(i) 35% of any such income between £311 and £465;

(ii) 45% of any such income between £466 and £616;

(iii) 70% of any remaining disposable income.

(3) Subject to regulation 6(2) or 6(3), where—

(a) an application is made for—

(i) legal representation, except legal representation in respect of any matter described in paragraph 30 (immigration: rights to enter and remain) of Part 1 of Schedule 1 to the Act before—

(aa) the Immigration and Asylum Chamber of the First-tier Tribunal; and

(bb) the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal;

(ii) family help (higher); or

(iii) such other legal services as are the subject of a determination under section 10 of the Act; and

(b) the individual’s disposable capital exceeds £3,000,

the individual must pay a contribution of the lesser of the excess and the sum which the Director considers to be the likely maximum cost of the civil legal services provided to the individual.

(4) All contributions under paragraph (2) must be paid monthly throughout the period that the determination in relation to which a certificate was issued is in force beginning with the day that the individual accepts the condition referred to in regulation 36 of the Civil Legal Aid (Procedure) Regulations 2012(3).

(5) All contributions under paragraph (3) must be paid on acceptance of the condition referred to in regulation 36 of the Civil Legal Aid (Procedure) Regulations 2012.

(6) Paragraph (7) applies where—

(a) an application is made for legal representation or family help (higher); and

(b) the Director considers that—

(i) there are other persons or bodies, including those who have the same or a similar interest to the individual or who might benefit from any proceedings, who can reasonably be expected to contribute to the cost of the civil legal services; or

(ii) some other source of funding exists which could be used to contribute to that cost.

(7) Where this paragraph applies, the Director may add a reasonable additional amount to the contribution (if any) due from the individual.

(8) The Director may subsequently vary the amount of any additional contribution payable under paragraph (7).

(9) The Director may, if the Director considers it equitable to do so, waive all or part of the contributions payable under this regulation, if—

(a) the Director was satisfied, in determining that the individual qualified for legal representation, that the proceedings had a significant wider public interest; and

(b) in making that determination, the Director took into account that there were other claimants or potential claimants who might benefit from the proceedings.

Contributions where more than one certificate in force

45.  Where more than one certificate is in force in respect of the individual at any one time, contributions from income under only one certificate are payable, and the Director may decide under which certificate contributions must be paid.

Repayment of excess contributions

46.—(1) Where a determination in relation to which a certificate was issued has been withdrawn and the contribution paid by the individual exceeds the net cost of the civil legal services provided, the excess must be refunded to the individual.

(2) The net cost of the civil legal services means the cost paid by the Lord Chancellor less any costs recovered by the Lord Chancellor from another party.

(3) For the purposes of this regulation, where a determination in relation to which a certificate was issued is withdrawn (but not revoked) the cost of the civil legal services does not include the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—

(a) CPR, Part 47; or

(b) Supreme Court Rules, Part 7(4).

Consequences of revocation

47.  Where the Director has revoked a determination in relation to which a certificate was issued—

(a) the individual must pay to the Lord Chancellor all costs paid or payable by the Lord Chancellor under the certificate, less any amount already paid by way of contribution; and

(b) the provider specified in the certificate has the right to recover from the individual the difference between the amount paid or payable to the provider by the Lord Chancellor and the full amount of the provider’s costs assessed on the indemnity basis under CPR rule 44.3.

(1)

The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.

(2)

The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.

(3)

S.I. 2012/3098.

(4)

S.I. 2009/1603 (L. 17).