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38.—(1) A person whose eligibility is assessed under regulation 5(5) shall make a weekly contribution of one third of the amount by which his weekly disposable income exceeds £76.
(2) A person whose eligibility is assessed under regulation 5(6) shall make the following contributions:
(a)where his disposable income in the period of calculation exceeds £2,723, monthly contributions throughout the period the certificate is in force of one thirty-sixth of the excess; and
(b)where his disposable capital exceeds £3,000, a contribution of the lesser of the excess and the sum which the assessing authority considers to be the likely maximum cost of the funded services.
(3) If, in making an assessment under regulation 5(6), the Commission considers that there are other persons or bodies, including those who have the same or a similar interest to the client or who might benefit from any proceedings, who can reasonably be expected to contribute to the cost of the funded services, or that some other source of funding exists which could be used to contribute to that cost, a reasonable additional amount may be added to the contribution (if any) due from the client.
(4) The Commission may subsequently vary the amount of any additional contribution payable under paragraph (3).
(5) All contributions shall be payable to the assessing authority.
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