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30.—(1) Except where regulation 31 applies, where the Director considers that an individual has unspecified capital, the Director must make a determination in accordance with paragraph (2) or (3).
(2) Where a determination has been made by the Director under regulation 29(a)(ii), the Director must—
(a)make a further determination that the individual is liable to make a payment of the amount of the difference between—
(i)the amount of the recoverable costs of representation, less the amount of any payment already made under an income contribution order and any relevant outstanding amount; and
(ii)the amount of the individual’s disposable specified capital; or
(b)where the amount of the individual’s unspecified capital is less than the amount in paragraph (a), make a determination that the individual is liable to make a payment of the amount of the individual’s unspecified capital; and
(c)amend the capital contribution order accordingly.
(3) Where no determination has been made under regulation 29, the Director must—
(a)make a determination that the individual is liable to make a payment of—
(i)the amount of the recoverable costs of representation, less the amount of any payment already made under an income contribution order and any relevant outstanding amount; or
(ii)where the amount of the individual’s unspecified capital is less than the amount in sub-paragraph (i), the amount of the individual’s unspecified capital; and
(b)issue a capital contribution order recording the determination.
(4) In this regulation, and regulation 36, the value of unspecified capital is—
(a)the amount which that resource would realise if sold; or
(b)the value of that resource assessed in such other manner as appears to the Director to be equitable.
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