Regulation 29 gives us power to suspend legal aid for up to 90 days in certain circumstances –

  • when the assisted person is in arrears of contribution; or
  • where the assisted person has not provided necessary information or documents – for example, when we are re-assessing their financial circumstances following a change; or
  • Where, following a re-assessment of the assisted person’s financial circumstances it has been found that he/she has income or capital which exceed the upper limits applicable and if this is because of the level of capital held, we consider that he/she can afford to proceed without legal aid and, as a result we are considering the termination of the grant of legal aid.
  • when we have to consider whether, based on information received, legal aid should be terminated because the assisted person no longer has probable cause or it is no longer reasonable for them to receive legal aid; or
  • Because the assisted person has, for example, made an untrue statement to us or has failed to disclose information about their financial circumstances or case.

It is important to note that legal aid is not available during suspension. Work you do during suspension cannot be charged under legal aid, even if legal aid is again made available after the period of suspension.

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