Determination by the Director of liability to make a payment out of incomeE+W
12.—(1) Except where regulation 13 applies, where the Director calculates that an individual’s disposable annual income is £3,398 or less—
(a)the individual is not liable to make a payment out of income; and
(b)the Director must notify the individual that the individual is not liable to make a payment out of income but may be liable to make a payment out of capital.
(2) Where the Director calculates that an individual’s disposable annual income exceeds £3,398, the Director must—
(a)make a determination that the individual is liable to make six payments of one twelfth of 90 per cent of the individual’s disposable annual income;
(b)issue an income contribution order recording the determination; and
(c)notify the individual that the individual may also be liable to make a payment out of capital.
(3) The Director must not make a determination under this regulation or regulation 13 until—
[F1(a)the individual has been sent to the Crown Court, or
(b)the bill of indictment has been preferred.]
Textual Amendments
F1Reg. 12(3)(a)(b) substituted for reg. 12(3)(a)-(c) (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 6 (with reg. 10(1))
Commencement Information
I1Reg. 12 in force at 1.4.2013, see reg. 1