The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

Further assessments

21.—(1) This regulation applies where the client applies for representation (higher courts).

(2) Where the eligibility of the client was assessed under regulation 6 and it appears that the circumstances of the person concerned may have altered so that—

(a) their normal disposable income may have increased by an amount greater than £750 or decreased by an amount greater than £300, or

(b) their disposable capital may have increased by an amount greater than £750,

the assessing authority shall, if so required by the Director and subject to paragraph (8), make a further assessment of that person’s resources, and the contribution (if any) payable, in accordance with these Regulations.

(3) Where—

(a) the client was assessed as being eligible for funded services under regulation 5, and

(b) it appears to the assessing authority that the client is no longer in receipt, directly or indirectly, of a benefit or allowance referred to in that regulation,

the assessing authority shall, if so required by the Director and subject to paragraph (8), make a further assessment of that person’s resources, and the contribution (if any) payable, in accordance with these Regulations.

(4) For the purposes of the further assessment, the period of calculation shall be the period of one year following the date of the change of circumstances or such other period of one year as the assessing authority considers to be appropriate.

(5) Where a further assessment is made, the amount or value of every resource of a capital nature acquired since the date of the original application shall be ascertained as on the date of the request by the Director.

(6) Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the funded services, including costs already incurred.

(7) Where a certificate is discharged under regulation 22(4)(b) of the General Regulations as a result of a further assessment of capital, the Director may require a contribution to be paid in respect of costs already incurred.

(8) The Director may decide not to request a further assessment under paragraph (2) or (3) if the Director considers such a further assessment inappropriate, having regard in particular to the period during which funded services are likely to continue to be provided to the client.