Regulation 76 Discharge of certificate on financial grounds

The Area Director shall discharge a certificate (other than an emergency certificate) from such date as he considers appropriate where the assessment officer assesses that the person to whom it was issued has disposable income of an amount which makes him ineligible for legal aid.

The Area Director shall discharge a certificate (other than an emergency certificate) from such date as he considers appropriate where the assessment officer assesses that the person to whom it was issued, having disposable income of an amount which makes him eligible for legal aid, has disposable capital of an amount which renders him liable to be refused legal aid, and it appears to the Area Director that, without legal aid, the probable cost to him of continuing the proceedings in respect of which the certificate was issued would not exceed the contribution which would be payable.

Where the Area Director considers that the current financial circumstances of the assisted person are such that he could afford to proceed without legal aid, he may, with a view to discharging the certificate, require the assessment officer to assess the assisted person’s current financial resources in accordance with the Civil Legal Aid (Assessment of Resources) Regulations 1989^f1 and may discharge the certificate from such date as he considers appropriate.