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Regulation 28 Power of Board to amend determination

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the Board is satisfied that there has been some error or mistake in the determin ation of a person’s disposable income, disposable capital or maximum contribution and that it would be just and equitable to correct that error or mistake, it may make an amended determination which shall have effect for all purposes as if it was the original determination.

(2)

If the Board is satisfied–

(a)

that the assisted person’s disposable income has increased by an amount greater than £500 or decreased by an amount greater than £250; or

(b)

that his disposable capital has increased by an amount greater than £120,

it may redetermine his disposable income, disposable capital and maximum contribution, and in that event the amount or value of any resource of a capital nature shall be ascertained as at the date of the redetermination.

(3)

Where the amount of the actual contribution required to be paid by the assisted person has been fixed at a sum less than the maximum contribution which he could be required to contribute, and it appears to the Board that the cost of the proceedings is likely to exceed or has exceeded the amount of that actual contribution, it may increase the actual contribution which is required to be paid.