PART 2Crown Court Trials
Repayment following reassessment of incomeI124
1
This regulation applies where—
a
a determination has been made by the Director under regulation 12, 13 or 19(3) that the individual is liable to make a payment;
b
on reassessment in accordance with regulation 18, the Director calculates that the individual’s disposable annual income—
i
is £3,398 or less; or
ii
exceeds £3,398 by a lesser amount than that calculated when the determination referred to in sub-paragraph (a) was made; and
c
the reassessment took place after one or more of the payments under the individual’s income contribution was made.
2
Where the determination is withdrawn in accordance with regulation 20 as a result of the reassessment, the Lord Chancellor must repay to the individual the following—
a
where the reassessment took place in accordance with regulation 18(1)(a) to (c), the amount of any payment or payments made by the individual under the income contribution order; or
b
where the reassessment took place in accordance with regulation 18(1)(d), the amount of the payment or payments made by the individual under the income contribution order after the relevant date.
3
Where the individual’s liability decreases as a result of the reassessment, the Lord Chancellor must repay to the individual the amount of the difference between—
a
the payment or payments made by the individual under the income contribution order; and
b
the total amount of the equivalent payment or payments which the individual would have been required to make, had the payments from the relevant date been of one twelfth of 90 per cent of the individual’s disposable annual income as calculated on reassessment.
4
Compound interest must be paid on the amount repaid at a rate of 2% per year with yearly rests, from the date of the payment by the individual.
5
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 determination referred to in paragraph (1)(a) was made by the Director; or
b
where the reassessment took place in accordance with regulation 18(1)(d)—
i
if the individual notified the Director of the change in financial circumstances within 28 days of the date of the change, the date of the change in financial circumstances;
ii
if the individual failed, without reasonable excuse, to notify the Director of the change in financial circumstances within 28 days of the date of the change, the date of the notification of the change in financial circumstances.