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PART 2 N.I.DETERMINATIONS IN RESPECT OF AN INDIVIDUAL'S FINANCIAL RESOURCES

CHAPTER 2N.I.MAKING A DETERMINATION IN RESPECT OF AN INDIVIDUAL'S FINANCIAL RESOURCES

Deprivation or conversion of resourcesN.I.

18.—(1) Paragraph (2) applies where the client applies for advice and assistance or representation (lower courts).

(2) If it appears to the assessing authority that the person concerned has, with intent to reduce the amount of their disposable income or disposable capital, whether for the purpose of making the client eligible to receive funded services, reducing their liability to pay a contribution or otherwise—

(a)directly or indirectly deprived themselves of any resources, or

(b)converted any part of their resources into resources which under these Regulations are to be wholly or partly disregarded,

those resources shall be treated as part of their resources, or as not so converted, as the case may be.

(3) Paragraph (4) applies where the client applies for representation (higher courts).

(4) If it appears to the assessing authority that the person concerned has, with intent to reduce the amount of their disposable income or disposable capital, whether for the purpose of making the client eligible to receive funded services, reducing their liability to pay a contribution or otherwise—

(a)directly or indirectly deprived themselves of any resources,

(b)transferred any resources to another person, or

(c)converted any part of their resources into resources which under these Regulations are to be wholly or partly disregarded,

those resources shall be treated as part of their resources, or as not so converted, as the case may be.