PART 3Payment for services
Contributions44
1
Subject to regulation 20, all contributions must be—
a
assessed at the beginning of the case; and
b
paid to the Lord Chancellor.
2
a
an application is made for—
i
legal representation, except legal representation before—
aa
the Immigration and Asylum Chamber of the First-tier Tribunal62; and
bb
the Immigration and Asylum Chamber of the Upper Tribunal63 in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal;
ii
family help (higher); or
iii
such other legal services as are the subject of a determination under section 10 of the Act; and
b
the individual’s monthly disposable income exceeds £315,
the individual must pay the following contributions—
i
35% of any such income between £311 and £465;
ii
45% of any such income between £466 and £616;
iii
70% of any remaining disposable income.
3
a
an application is made for—
i
legal representation, except legal representation in respect of any matter described in paragraph 30 (immigration: rights to enter and remain) of Part 1 of Schedule 1 to the Act before—
aa
the Immigration and Asylum Chamber of the First-tier Tribunal; and
bb
the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal;
ii
family help (higher); or
iii
such other legal services as are the subject of a determination under section 10 of the Act; and
b
the individual’s disposable capital exceeds £3,000,
the individual must pay a contribution of the lesser of the excess and the sum which the Director considers to be the likely maximum cost of the civil legal services provided to the individual.
4
All contributions under paragraph (2) must be paid monthly throughout the period that the determination in relation to which a certificate was issued is in force beginning with the day that the individual accepts the condition referred to in regulation 36 of the Civil Legal Aid (Procedure) Regulations 201264.
5
All contributions under paragraph (3) must be paid on acceptance of the condition referred to in regulation 36 of the Civil Legal Aid (Procedure) Regulations 2012.
6
Paragraph (7) applies where—
a
an application is made for legal representation or family help (higher); and
b
the Director considers that—
i
there are other persons or bodies, including those who have the same or a similar interest to the individual or who might benefit from any proceedings, who can reasonably be expected to contribute to the cost of the civil legal services; or
ii
some other source of funding exists which could be used to contribute to that cost.
7
Where this paragraph applies, the Director may add a reasonable additional amount to the contribution (if any) due from the individual.
8
The Director may subsequently vary the amount of any additional contribution payable under paragraph (7).
9
The Director may, if the Director considers it equitable to do so, waive all or part of the contributions payable under this regulation, if—
a
the Director was satisfied, in determining that the individual qualified for legal representation, that the proceedings had a significant wider public interest; and
b
in making that determination, the Director took into account that there were other claimants or potential claimants who might benefit from the proceedings.