Regulation 18 Reference to the assessment officer for assessment of resources

(1)

Except where he has previously refused the application, the Area Director shall refer to the assessment officer so much of it as is relevant to the assessment of the applicant’s disposable income and disposable capital; and (subject to paragraph (2) and regulation 21) no application shall be approved until the assessment officer has assessed the applicant’s disposable income, disposable capital and maximum contribution in accordance with the Civil Legal Aid (Assessment of Resources) Regulations 1989^f1.

(2)

Where an Area Director approves an application relating to proceedings–

(a)

in the House of Lords or on appeal from a magistrates' court in any action, cause or matter in which the applicant was an assisted person in the court below; or

(b)

by way of a new trial ordered by a court in any action, cause or matter in which the applicant was an assisted person;he shall not require the assessment officer to re-assess the assisted person’s disposable income and disposable capital.

Annotations

Footnotes

f1: S.I. 1989/338.