The Criminal Legal Aid (Contribution Orders) Regulations 2013

Determination by the Director of liability to make an additional payment following reassessment of income

23.—(1) This regulation applies where—

(a) a determination has been made by the Director under regulation 12, 13 or 19(3) that the individual is liable to make a payment;

(b) on reassessment in accordance with regulation 18, the Director calculates that the individual’s disposable annual income exceeds £3,398 by a greater amount than that calculated when the determination referred to in sub-paragraph (a) was made; and

(c) the reassessment took place after one or more of the payments under the individual’s income contribution was required to be made.

(2) The Director must make a determination that the individual is liable to an additional payment of the amount of the difference between—

(a) the total amount of the payment or payments which were required to be made—

(i) before the date on which the determination referred to in paragraph (1)(a) was varied in accordance with regulation 21; or

(ii) (where the proceedings have concluded) on or before the date of the conclusion of the proceedings; and

(b) the total amount of the equivalent payment or payments which the individual would have been required to make, had the payments from the relevant date been of one twelfth of 90 per cent of the individual’s disposable annual income as calculated on reassessment.

(3) The Director must notify the individual—

(a) of the additional amount payable;

(b) that the additional amount must be paid within 28 days of the date of notification or within such other period as may be agreed by the Director and the individual;

(c) that if payment is overdue, compound interest at the rate of 6% per year with half-yearly rests may be added to that payment from the date specified as the date on which the payment was required to be paid, or the date otherwise agreed by the Director and the individual;

(d) of the individual’s right under regulation 39; and

(e) that the costs incurred in connection with the enforcement of an obligation to make a payment may be added to the amount payable by the individual.

(4) In this regulation, “the relevant date” means—

(a) where the reassessment took place in accordance with regulation 18(1)(a) to (c), the date on which the Director would have made a determination under regulation 12(2)(a) in accordance with regulation 12(3); or

(b) where the reassessment took place in accordance with regulation 18(1)(d), the date of the change in financial circumstances.