1973 Ed.] Legal Aid (Assessment of Contributions)

Regulations

[CAP. 91

B 3

(2) Any public officer may act on behalf of the Director under this regulation.

9. (1) If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.

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(2) Any sums remaining unpaid on account of a person's contribution in respect of any proceedings and, if the total con- tribution is less than the net liability of the Director on his account, a sum equal to the deficiency shall be a first charge on any property (wherever situate) which is recovered or preserved for that person in the proceedings.

(3) The reference in paragraph (2) to property recovered or preserved for any person shall include his rights under any settle- ment or compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings.

(4) The charge created by paragraph (2) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor's lien for costs would not prevent it.

[Subsidiary]

Recovery of contributions.

FIRST SCHEDULE

[reg. 3(a).]

L. N. 167/73.

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1. The maximum contribution of an aided person in respect of disposable income shall be based on his monthly disposable income, as assessed under the regulations and on the following calculations--

(a) if the aided person's monthly disposable income does not exceed $300,

his contribution shall be nil;

(b) if the aided person's monthly disposable income exceeds $300 but does not exceed $350, his maximum contribution shall be 20 per cent of 12 times the excess of his monthly disposable income over $300;

(c) if the aided person's monthly disposable income exceeds $350 but does not exceed $400, his maximum contribution shall be 30 per cent of 12 times the excess of his monthly disposable income over $350 plus his contribution under (b);

(d) if the aided person's monthly disposable income exceeds $400 but does not exceed $450, his maximum contribution shall be 40 per cent of 12 times the excess of his monthly disposable income over $400 plus his contributions under (b) and (c);

(e) if the aided person's monthly disposable income exceeds $450 but does not exceed $700, his maximum contribution shall be 50 per cent of 12 times the excess of his monthly disposable income over $450 plus his contributions under (b), (c) and (d).

2. The maximum possible contribution payable in respect of his disposable income by an aided person will thus be $2,040. There may, in addition, be a liability to contribute in respect of disposable capital, up to a maximum of $1,250.

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