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The Community Legal Service (Financial) Regulations 2000

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Further assessments

15.—(1) Where the eligibility of the person concerned was assessed under regulation 5(6) and it appears that his circumstances may have altered so that:

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

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

the assessing authority shall, subject to paragraph (6), make a further assessment of the person’s resources and contribution (if any) in accordance with these Regulations.

(2) For the purposes of the further assessment, the period of calculation shall be the period of 12 months following the date of the change of circumstances or such other period of 12 months as the assessing authority considers to be appropriate.

(3) 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 at the date of receipt of that resource.

(4) 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.

(5) Where a certificate is discharged as a result of a further assessment of capital, the assessing authority may require a contribution to be paid in respect of costs already incurred.

(6) The assessing authority may decide not to make a further assessment under paragraph (1) if it 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.

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