This regulation applies where the application is for representation (higher courts) and the assessing authority has determined the client concerned, having a disposable income which makes that service available to the client, has a disposable capital exceeding the amount prescribed in regulation 6(5).

The Director may approve the application where the Director estimates that the costs which might reasonably be incurred by the client in taking, defending or being a party to any proceedings in respect of which the application was made would exceed the maximum contribution payable by the client under Part 3.