Regulation 10 Hardship payments

(1)

The appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2), subject to the provisions of this regulation.

(2)

Those circumstances are that the representative—

(a)

represents the assisted person in proceedings before the Tribunal;

(b)

applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after he was first instructed in those proceedings;

(c)

is not, at the date of the application, entitled to any payment under regulation 8 (staged payments) or 9 (interim payments);

(d)

is unlikely to receive final payment in respect of the proceedings, as determined under regulation 13 or 16, within the three months following the application for the hardship payment; and

(e)

satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (d), he is likely to suffer financial hardship.

(3)

Every application for a hardship payment shall be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a)

the work done by the representative in relation to the proceedings up to the date of the application; and

(b)

the likelihood of financial hardship.

(4)

The amount of any hardship payment shall be at the discretion of the appropriate officer, but shall not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.

(5)

No hardship payment shall be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve his financial hardship, is less than £5,000 (excluding any VAT).

(6)

Any hardship payment shall be set off against the remuneration finally payable to the representative under regulation 13 or 16.