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The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 480
- PART 2
- CHAPTER 1
- Regulation 11
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Changes over time for: Section 11
Version Superseded: 31/12/2020
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- 01/04/2013- Amendment
- 06/04/2016
Point in time - 31/12/2020- Amendment
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Waiver of eligibility limit and contributions in cross-border disputesE+W
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11.—(1) This regulation applies to an application by an individual in relation to a matter described in paragraph 44 (cross-border disputes) of Part 1 of Schedule 1 to the Act.
(2) Where this regulation applies, the Director must—
(a)disapply the relevant eligibility limits in regulations 7 and 8 if the individual proves that they are unable to pay the cost of proceedings in England and Wales in relation to the dispute as a result of differences in the cost of living between the individual's Member State of domicile or habitual residence and England and Wales; and
(b)waive all or part of any contributions payable under regulation 44, if and to such extent as the individual proves that they are unable to pay them as a result of such differences in the cost of living.
(3) For the purposes of this regulation the Member State in which an individual is domiciled must be determined in accordance with Article 59 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
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