The Criminal Legal Aid (Contribution Orders) Regulations 2013

Determination by the Director of liability to make a payment following reassessment of income

19.—(1) Where—

(a) no determination has been made by the Director under regulation 12 or 13 that the individual is liable to make a payment; and

(b) on reassessment in accordance with regulation 18, the Director calculates that the individual’s disposable annual income exceeds £3,398,

the Director must make a determination in accordance with paragraph (2).

(2) The Director must—

(a) make a determination that the individual is liable to make a payment of the total amount of the payment or payments which the individual would have been required to make under an income contribution order—

(i) before the date on which the determination under this paragraph is made; or

(ii) (where the proceedings have concluded) on or before the date of the conclusion of the proceedings,

had a determination under regulation 12(2)(a) been made by the Director on the relevant date; and

(b) notify the individual—

(i) of the amount payable;

(ii) that the amount must be paid within 28 days of the date of notification or within such other period as may be agreed by the Director and the individual;

(iii) that if payment is overdue, compound interest at the rate of 6% per year with half-yearly rests may be added to that payment from the date specified as the date on which the payment was required to be paid, or the date otherwise agreed by the Director and the individual;

(iv) of the individual’s right under regulation 39; and

(v) that the costs incurred in connection with the enforcement of an obligation to make a payment may be added to the amount payable by the individual.

(3) Where paragraph (2)(a)(i) applies, 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, less the payment or payments under the determination under paragraph (2); and

(b) issue an income contribution order accordingly.

(4) In this regulation, “the relevant date” means—

(a) where the reassessment took place in accordance with regulation 18(1)(a) to (c), the date on which the Director would have made a determination under regulation 12(2)(a) in accordance with regulation 12(3); or

(b) where the reassessment took place in accordance with regulation 18(1)(d), the date of the change in financial circumstances.