PART 2Determinations in respect of an individual's financial resources

CHAPTER 2Making a determination in respect of an individual's financial resources

Application in representative, fiduciary or official capacity15.

(1)

Sub-paragraph (2) applies where the individual is acting in a representative, fiduciary or official capacity.

(2)

The Director, in calculating the individual's disposable income and disposable capital, and the amount of any contribution to be paid—

(a)

subject to sub-paragraph (c), must not take the personal resources of the individual acting in such a capacity into account unless the Director considers that the individual might benefit from the proceedings;

(b)

must have regard to the value of any property or estate, or the amount of any fund, out of which that individual is entitled to be indemnified; and

(c)

may also have regard to the resources of any person who has a beneficial interest in that property, estate or fund.