The Criminal Legal Aid (Contribution Orders) Regulations 2013

Review of a determination

39.—(1) An individual whom the Director has determined is liable to make a payment may apply to the Director for a review of the determination, on the grounds that—

(a) there has been a miscalculation of the individual’s income or capital or the cost of representation;

(b) there has been an administrative error; or

(c) the individual is suffering or would suffer financial hardship as a result of making the payment.

(2) An application must be made in a form specified by the Lord Chancellor.

(3) An application under paragraph (1)(a) or (b) must be made within—

(a) 28 days of the date that the contribution order is issued; or

(b) such other period as may be agreed by the Director and the individual.

(4) A review may be conducted without a hearing.

(5) The Director must consider the application and may—

(a) confirm the determination and notify the individual that the individual remains liable to make a payment under the determination;

(b) withdraw the determination; or

(c) vary the determination and amend the contribution order accordingly.

(6) Where the Director—

(a) withdraws a determination and the individual has already made a payment in excess of the amount to which the individual is liable; or

(b) varies a determination such that—

(i) the individual is liable to make a payment of a lower amount; and

(ii) the individual has already made a payment in excess of the amount to which the individual is liable,

the Lord Chancellor must repay to the individual the amount of such payment together with compound interest thereon from the date of the payment at the rate of 2% per year with yearly rests.