- Latest available (Revised)
- Point in Time (27/09/2017)
- Original (As made)
Version Superseded: 04/03/2019
Point in time view as at 27/09/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015, Section 21 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
21.—(1) This regulation applies where the client applies for representation (higher courts).
(2) Where the eligibility of the client was assessed under regulation 6 and it appears that the circumstances of the person concerned may have altered so that—
(a)their normal disposable income may have increased by an amount greater than £750 or decreased by an amount greater than £300, or
(b)their disposable capital may have increased by an amount greater than £750,
the assessing authority shall, if so required by the Director and subject to paragraph (8), make a further assessment of that person's resources, and the contribution (if any) payable, in accordance with these Regulations.
(3) Where—
(a)the client was assessed as being eligible for funded services under regulation 5, and
(b)it appears to the assessing authority that the client is no longer in receipt, directly or indirectly, of a benefit or allowance referred to in that regulation,
the assessing authority shall, if so required by the Director and subject to paragraph (8), make a further assessment of that person's resources, and the contribution (if any) payable, in accordance with these Regulations.
(4) For the purposes of the further assessment, the period of calculation shall be the period of one year following the date of the change of circumstances or such other period of one year as the assessing authority considers to be appropriate.
(5) 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 on the date of the request by the Director.
(6) Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the funded services, including costs already incurred.
(7) Where a certificate is discharged under regulation 22(4)(b) of the General Regulations as a result of a further assessment of capital, the Director may require a contribution to be paid in respect of costs already incurred.
(8) The Director may decide not to request a further assessment under paragraph (2) or (3) if the Director considers such a further assessment inappropriate, having regard in particular to the period during which funded services are likely to continue to be provided to the client.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: