Regulation 12 Determination by the Director of liability to make a payment out of incomeI1

England and Wales

(1)

Except where regulation 13 applies, where the Director calculates that an individual’s disposable annual income is £3,398 or less—

(a)

the individual is not liable to make a payment out of income; and

(b)

the Director must notify the individual that the individual is not liable to make a payment out of income but may be liable to make a payment out of capital.

(2)

Where the Director calculates that an individual’s disposable annual income exceeds £3,398, the Director must—

(a)

make a determination that the individual is liable to make six payments of one twelfth of 90 per cent of the individual’s disposable annual income;

(b)

issue an income contribution order recording the determination; and

(c)

notify the individual that the individual may also be liable to make a payment out of capital.

(3)

The Director must not make a determination under this regulation or regulation 13 until—

F1(a)

the individual has been sent to the Crown Court, or

(b)

the bill of indictment has been preferred.

Annotations

Textual amendments

F1: Reg. 12(3)(a)(b) substituted for reg. 12(3)(a)-(c) (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 6 (with reg. 10(1))

Commencement

I1: Reg. 12 in force at 1.4.2013, see reg. 1