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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—
(a)the individual has been sent or committed to the Crown Court;
(b)the proceedings have been transferred to the Crown Court; or
(c)the bill of indictment has been preferred.
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