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9.—(1) Subject to paragraph (2) no fee shall be payable under these regulations when, at the time when the fee would otherwise become payable, the relevant person is in receipt of any qualifying benefit.
(2) Paragraph (1) does not apply to a person who has an award of damages in excess of £16,000 which has been disregarded for the purposes of determining eligibility for that benefit.
(3) For the purposes of regulation 4 the relevant person is the donor of the enduring power of attorney.
(4) For the purposes of regulation 5 the relevant person is the donor of the lasting power of attorney.
(5) For the purposes of regulation 6 the relevant person is the person making the application.
(6) For the purposes of regulations 7 and 8 the relevant person is P.
(7) The following are qualifying benefits for the purposes of paragraph (1)—
(a)income support under the Social Security Contributions and Benefits Act 1992(1);
(b)working tax credit, provided that—
(i)child tax credit is being paid to the relevant person, or to a couple (as defined in section 3(5)(A) of the Tax Credits Act 2002(2)) which includes the relevant person; or
(ii)there is a disability element or severe disability element (or both) to the child tax credit received by the relevant person;
(c)income-based job-seeker’s allowance under the Jobseekers Act 1995(3);
(d)guarantee credit under the State Pensions Credit Act 2002(4);
(e)council tax benefit under the Social Security Contributions and Benefits Act 1992; and
(f)housing benefit under the Social Security Contributions and Benefits Act 1992.
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