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The Civil Legal Aid (Scotland) Regulations 2002

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Power of Board to amend determination

28.—(1) If the Board is satisfied that–

(a)there has been some error or mistake in the determination of a person’s disposable income, disposable capital or maximum contribution and that it would be just and equitable to correct that error or mistake; or

(b)an assisted person has acted in the way described in regulation 12(1) above,

it may make an amended determination in accordance with the law applicable at the time of the original determination which shall have effect for all purposes as if it was the original determination.

(2) If the Board is satisfied–

(a)that the assisted person’s disposable income has increased by an amount greater than £750 or decreased by an amount greater than £300; or

(b)that the assisted person’s disposable capital has increased by an amount greater than £750,

it may redetermine that person’s disposable income, disposable capital and maximum contribution in accordance with the law applicable at the time of the original determination, and in that event the amount or value of any resource of a capital nature shall be ascertained as at the date of the redetermination.

(3) Where the amount of the actual contribution required to be paid by the assisted person has been fixed at a sum less than the maximum contribution which that person could be required to contribute, and it appears to the Board that the cost of the proceedings is likely to exceed or has exceeded the amount of that actual contribution, it may increase the actual contribution which is required to be paid.

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