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5.—(1) An application is a new application for funding referred to in regulation 3(b) if either paragraph (2) or (3) applies.
(2) This paragraph applies where a further application for funding is made after 31st March 2013 and the following conditions are met—
(a)funded services have been provided as a result of a pre-commencement application for funding under the Community Legal Service (“the original application”);
(b)the further application for funding relates to the same case for which the funded services were provided as a result of the original application; and
(c)the further application for funding is—
(i)for a different level of service to that provided as a result of the original application; and
(ii)the different level of service falls within the same Variety of Funded Work as the level of service for which funding was provided as a result of the original application.
(3) This paragraph applies where a further application for funding under the Community Legal Service is made after 31st March 2013 and the following conditions are met—
(a)funded services that are Certificated Work have been provided as a result of a pre-commencement application for funding under the Community Legal Service (“the original application”);
(b)the further application for funding relates to the case for which the funded services were provided as a result of the original application; and
(c)as a result of the further application for funding, it is decided under paragraph 35.1 of Part C of Part 2 of the Funding Code (Funding Code: Procedures) that the certificate should cover more than one set of proceedings.
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