3AA

In relation to Legal Help and Help at Court within any category of work mentioned in paragraph (3B)(b) which is authorised as a specific category in the schedule to the contract with the Commission under which it is provided, payment shall be at rates no higher than those set out in Part II of the Schedule.

3B

The categories of work mentioned—

a

in paragraph (3A) are: immigration, mental health, education, public law, actions against the police etc and community care; and

b

in paragraph (3AA) are: family, housing and employment.

3C

In relation to any Legal Help and Help at Court provided in accordance with a contract with the Commission to which neither paragraph (3A) nor (3AA) applies, payment shall be at rates no higher than those set out in Part III of the Schedule.

4

In relation to Help with Mediation payment shall be at rates no higher than those set out in Part IV of the Schedule.

4A

In relation to Legal Representation before a Mental Health Review Tribunal or, subject to paragraph (4B), before the Immigration Appeal Tribunal or an adjudicator appointed under section 57 of the Immigration and Asylum Act 19993 payment shall be at rates no higher than those set out in Part V of the Schedule.

4B

Paragraph (4A) shall not apply where the assessing authority considers that a case before the Immigration Appeal Tribunal or an adjudicator appointed under section 57 of the Immigration and Asylum Act 1999 either—

a

raises an exceptionally novel or complex point of law; or

b

has significant potential to produce real benefits for individuals other than the client (other than benefits to the public at large which normally flow from proceedings of the type in question).

7

Paragraph (6) shall not apply to Legal Representation before—

a

Special Commissioners of Income Tax or General Commissioners of Income Tax;

b

a VAT and duties tribunal constituted by Schedule 12 to the Value Added Tax Act 19944; or

c

the tribunal constituted by section 9 of the Protection of Children Act 19995.