PART 8Exceptional Cases

Review69

1

The individual may, in accordance with paragraph (2), apply for a review of—

a

a refusal to make a determination under section 10(2)(a) or 10(4)(b) of the Act;

b

a determination that an individual does not qualify for the services under section 10(2)(b) or 10(4)(c) of the Act;

c

an amendment of, or refusal to amend, a limitation or condition to which a determination under section 10(2)(b) or 10(4)(c) of the Act is subject; or

d

a withdrawal of a determination.

2

Within fourteen days of receipt of a refusal, determination, amendment, or withdrawal described in paragraph (1) (a “decision”), the individual may—

a

apply to the Director for a review of the decision in a form specified by the Lord Chancellor; and

b

include written representations supporting that application.

3

The Director must consider the application and any written representations and may—

a

confirm or amend the decision which is the subject of the review; or

b

substitute a new decision.

4

Where the decision which is the subject of the review was the withdrawal of a determination and, following the review, the Director substitutes a determination for that withdrawal, the determination takes effect (unless the Director directs otherwise) as if the original decision had not been made.

5

The Director must ensure that a certificate accurately records the civil legal services for which the individual qualifies following the review (unless the services are to be provided as Controlled Work).

6

The Director must notify the individual and the provider or proposed provider identified in the individual’s application of the decision following the review.