Section 20Part 3 — PROVISION OF LEGAL AID
Minister may decide not to recover debt in certain circumstances
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The Minister, on the advice of the Attorney General, may decide not to recover any debt due to the Government under a grant of legal aid if —
the enforcement of the debt would cause serious hardship to the assisted person;
the cost to the Government of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid; or
the Director considers that it would be just and equitable not to recover the debt.
The Minister may make a decision under subsection (1) at any time after the legal aid is granted.
If the Minister decides not to recover a debt —
the debt shall be treated as being written off; and
subsections (5) to (7) apply accordingly.
In subsection (1), "serious hardship" means significant financial difficulties that arise because of —
the assisted person's inability to meet minimum living expenses according to normal standards in the Islands;
the cost of medical treatment of an illness or injury of the assisted person or the assisted person's child or other dependant; or
a serious illness suffered by the assisted person or the assisted person's child or other dependant.
When a debt has been written off under this section, the Director shall give notice to the assisted person of the write-off; and the assisted person is, from the date of the write-off, no longer liable to pay the debt.
If, despite the write-off, an assisted person repays some or all of a written-off debt, the Director may return the amount that was written off.
The write-off of a debt does not affect the Director's obligation to pay any person who provided services under the relevant grant of legal aid.
Defined Terms
serious hardship