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The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

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Application in representative, fiduciary or official capacity

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15.—(1) Sub-paragraph (2) applies where the individual is acting in a representative, fiduciary or official capacity.

(2) The Director, in calculating the individual’s disposable income and disposable capital, and the amount of any contribution to be paid—

(a)subject to sub-paragraph (c), must not take the personal resources of the individual acting in such a capacity into account unless the Director considers that the individual might benefit from the proceedings;

(b)must have regard to the value of any property or estate, or the amount of any fund, out of which that individual is entitled to be indemnified; and

(c)may also have regard to the resources of any person who has a beneficial interest in that property, estate or fund.

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