Waiver of eligibility limits in proceedings relating to domestic violence or forced marriageN.I.
10.—(1) This regulation applies to an application by a client for the funding of—
(a)representation (lower courts) in proceedings for, or in relation to, a non-molestation order under Article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 M1 made by the individual applying for the order or on whose application the order is made; and
(b)advice and assistance or representation (higher courts) in proceedings for a forced marriage protection order under the Forced Marriage (Civil Protection) Act 2007 M2.
[F1(1A) This regulation applies to an application by a client for the funding of representation in proceedings for an order that is an Article 8 order within the meaning of the Children (Northern Ireland) Order 1995 if—
(a)the client is the respondent in the proceedings, and
(b)the Director is satisfied that—
(i)the client is or appears to be the victim of abusive behaviour perpetrated or apparently perpetrated by the applicant seeking the order, and
(ii)the applicant seeking the order is someone to whom the client is personally connected.]
(2) Where this regulation applies the Director may, if the Director considers it equitable to do so, disapply the eligibility limits in regulation 6.
(3) In such applications—
(a)where the weekly disposable income of the client exceeds £234, the contribution payable shall be the excess plus £134; and
(b)where the disposable capital of the client exceeds £3,000, the contribution payable shall be £100.
(4) The contribution payable by a client under paragraph (3) may be in respect of disposable income or disposable capital, or in respect of both.
[F2(5) The following apply for the purposes of paragraph (1A) as they apply for the purposes of Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (to give meanings to certain expressions)—
(a)section 2 (as read with section 3(2)) of that Act,
(b)sections 4 and 5 of that Act.]
Textual Amendments
F1Reg. 10(1A) inserted (22.2.2022) by Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2), s. 28(1)(a); S.R. 2022/59, art. 2(a)
F2Reg. 10(5) inserted (22.2.2022) by Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2), s. 28(1)(b); S.R. 2022/59, art. 2(a)
Marginal Citations