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5.—(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable–
(a)is in receipt of any qualifying benefit, and
(b)is not in receipt of representation under Part IV of the Legal Aid Act 1988(1) for the purposes of the proceedings.
(2) The following are qualifying benefits for the purposes of paragraph (1)(a) above–
(a)income support;
(b)family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(2); and
(c)income-based jobseeker’s allowance under the Jobseekers Act 1995(3).
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