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Assessment of disposable income, disposable capital and maximum contribution

13.—(1) Subject to paragraphs (2) and (3), a solicitor to whom an application under regulation 9 is made shall assess the disposable income and disposable capital of the client and, where appropriate, of any person whose financial resources may be treated as those of the client in accordance with Schedule 2.

(2) Where the solicitor is satisfied that any of the persons whose disposable incomes are to be assessed under paragraph (1) is directly or indirectly in receipt of income support or family credit, he shall take that person’s disposable income as not exceeding the lowest sum for the time being specified in the first column of the table in Schedule 3.

(3) Where, in the case of an application for ABWOR to which regulation 9 applies, the solicitor is satisfied that any of the persons whose disposable capital is to be assessed under paragraph (1) is directly or indirectly in receipt of income support, he shall take that person’s disposable capital as not exceeding the capital sum specified in regulation 11(2).

(4) The solicitor shall also determine the maximum contribution, if any, payable to him by the client under section 9(6) of the Act in accordance with the provisions of Schedule 3.

(5) The solicitor shall not provide advice and assistance to any person until either the form referred to in regulation 9(6) has been signed by the client or, where appropriate, the form referred to in regulation 10(4) has been signed on behalf of the client, and in any case, until the solicitor has assessed disposable income and disposable capital in accordance with paragraph (1).