PART 2 E+WDeterminations in respect of an individual's financial resources

CHAPTER 1E+WFinancial eligibility limits and waivers

Waiver of eligibility limits and contributions in inquestsE+W

10.—(1) Where an application is made for legal help in relation to any matter described in paragraph 41 (inquests) of Part 1 of Schedule 1 to the Act, the Director may, if the Director considers it equitable to do so, disapply the eligibility limits in regulations 7 and 8 in respect of the application.

(2) Where an application is made for a relevant determination, the Director may, if the Director considers it equitable to do so, do one or both of the following:

(a)disapply the eligibility limits in regulations 7 and 8 in respect of the application; and

(b)waive all or part of any contributions payable under regulation 44.

(3) In considering whether to disapply the eligibility limits under paragraph (1) and (2), the Director must have regard in particular to any applicable rights under Article 2 of the Human Rights Convention.

(4) In this regulation—

Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998 M1; and

“relevant determination” is a determination under—

(a)

section 10(2)(b) of the Act, to the extent that it relates to services which consist of advocacy in proceedings at an inquest under the Coroners Act 1988 M2 into the death of a member of the family of the individual who has made an application; or

(b)

section 10(4)(c) of the Act.

Marginal Citations

M11998 c. 42. Section 21(1) has been amended but the amendments are not relevant to these Regulations.