The Civil Legal Services (General) Regulations (Northern Ireland) 2015

Applications for advice and assistance

31.—(1) Subject to regulations 6, 7 and 34, an application for advice and assistance shall be made by an applicant in person to the supplier from whom the advice and assistance is sought.

(2) Where more than one separate matter is involved each matter shall be the subject of a separate application for advice and assistance except where—

(a) the matters are connected with or arising from proceedings for divorce or judicial separation, whether actual or prospective between the applicant and the applicant’s spouse or civil partner; or

(b) the Director considers that two or more matters are so closely related that they should be covered under one application.

(3) The applicant shall, except where regulation 34 or an exemption under regulation 4 of the Financial Regulations applies, furnish the supplier with the information necessary to enable the supplier to determine—

(a) the applicant’s disposable capital;

(b) where appropriate, whether the applicant is in receipt of any benefit or allowance referred to in regulation 5 of the Financial Regulations; and

(c) the applicant’s disposable income.

(4) The information required by this regulation shall be furnished on a form or forms approved by the Department or such other manner as the Director may accept as sufficient in the circumstances of the application.

(5) Where, prior to receiving advice and assistance, an assisted party has wilfully failed to comply with the provisions of these Regulations as to the information to be furnished or, in furnishing such information, has knowingly made a false statement or false representation, the Director may declare that the advice so given was not given under the Order and these Regulations.

(6) Where the Director makes a declaration makes a declaration under paragraph (5), the Director shall notify the assisted party and the supplier.

(7) Where the Director makes a declaration under paragraph (5) and complies with the requirements of paragraph (6), the Department shall be entitled to recover from the assisted party any sums paid by the Department in respect of the advice and assistance given.