United Kingdom Statutory Instruments

" "wider public interest" means the potential of proceedings to produce real benefits for individuals other than the client (other than any general benefits which normally flow from proceedings of the type in question).".

(a) where eligibility is being assessed under regulation 5(2), the disposable income figure in that paragraph;

(b) where eligibility is being assessed under regulation 5(3), the disposable income and capital figures in that paragraph;

(c) where eligibility is being assessed under regulation 5(5) or 5(6), the disposable income figure in regulation 38(2)(a), that is, £259, and the disposable capital figure in regulation 38(2)(b).".

(a) subject to regulation 4(2), calculate the disposable income and disposable capital of the person concerned in accordance with regulations 16 to 37;

(b) calculate the gross income of the person concerned in accordance with regulation 5A; and

(c) calculate any contribution payable in accordance with regulations 38 and 39.

    (2) When calculating:

(a) disposable income for the purposes of regulation 5(2), (3), (5) or (6); or

(b) gross income for the purposes of regulation 5A

the period of calculation shall be one month.

    (3) For the purposes of this regulation and regulation 15, one month means the period of one calendar month which ends on the date on which the application is made, or such other equivalent period as the Commission considers appropriate.

    (4) Where the assessing authority calculates that a client has disposable income or disposable capital of an amount which makes him ineligible to receive funded services, it shall refuse the application.".

" , but where the eligibility of the person concerned is being assessed under regulation 5(6), in calculating such income the Commission may have regard to his average income during such other period as it considers appropriate.".

" (v) invalid care allowance;

(vi) council tax benefit;" and

(b) after paragraph (c):

(a) the sum of £45 per month; and

(b) where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the person concerned during the time that person is absent from home by reason of his employment.".

(a) he is restrained from dealing with that resource by order of the court;

(b) he has requested the court which made the order to release part or all of that resource for use in connection with the proceedings to which the application for funding relates; and

(c) that request has been refused.".

(a) assessed at the beginning of the case; and

(b) payable to the assessing authority.

    (2) A person whose eligibility is assessed under regulation 5(5) or 5(6) shall make the following contributions:

(a) where his monthly disposable income exceeds £259:


(i) one quarter of any such income between £255 and £380 inclusive;

(ii) one third of any such income between £381 and £505 inclusive; and

(iii) one half of his remaining disposable income; 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) All contributions under paragraph (2)(a) shall be payable monthly throughout the period the certificate is in force.

    (4) All contributions under paragraph (2)(b) shall be payable upon assessment.

    (5) Paragraph (6) applies where:

(a) eligibility is being assessed under regulation 5(5) or 5(6); and

(b) the Commission considers that:


(i) 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

(ii) some other source of funding exists which could be used to contribute to that cost.

    (6) Where this paragraph applies, the Commission may add a reasonable additional amount to the contribution (if any) due from the client.

    (7) The Commission may subsequently vary the amount of any additional contribution payable under paragraph (6).

    (8) Paragraph (9) applies where:

(a) the Commission funds Legal Representation or Support Funding in proceedings which it considers to have a significant wider public interest; and

(b) the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation.

    (9) Where this paragraph applies, the Commission may, if it considers it equitable to do so, waive part or all of the contributions payable under this regulation.".

" (d) other than for the purposes of registration under regulation 52(1)(c), the first £3,000 of any money or the value of any property recovered by virtue of an order made or deemed to be made under any of the enactments specified in paragraph (2), or an agreement which has the same effect as such an order, but where the enforcement of the charge is postponed under regulation 52 this exemption will apply when the amount of the charge is paid;".

(a) it shall run from the date when the charge is first registered;

(b) the applicable rate shall be:


(i) 8% per annum until 31st March 2002;

(ii) thereafter, 1 percentage point above the Bank of England base rate current on 1st April 2002;



(c) subject to sub-paragraph (d), the applicable rate shall be varied on 1st April of each subsequent year so that it remains at the rate of 1 percentage point above the Bank of England base rate then current;

(d) the variation set out in sub-paragraph (c) shall take place only if the application of the new base rate has the effect of varying the base rate previously applicable by 1 percentage point or more; and

(e) the capital on which it is calculated shall be the lesser of:



(i) the amount of the statutory charge outstanding from time to time, less any interest accrued by virtue of regulation 52(3), or

(ii) the value of the property recovered at the time of such recovery, less the amount of any exemption under regulation 44(1)(d) which would apply were the amount of the charge to be paid.".