We use cookies to give you the best possible online experience. If you continue, we'll assume you are happy for your web browser to receive all cookies from our website. See our Privacy & Cookie policy statement for more information on cookies and how to manage them.

Waiving our right to recover costs

Section 33(8)

The Act provides that an applicant can apply to the Board for a waiver of the money or property that we are entitled to recover, if not to do so would create hardship for the legally aided person.

Section 33(8) accordingly gives the Board a discretion to waive its right to recover its costs where it is of the opinion that not to do so would “create hardship” for the person.  While hardship will inevitably depend upon the circumstances of a particular case, the Board considers that it is necessary to set down principles, criteria and guidelines to assist in determining whether or not hardship might ensue for a particular person as a consequence of the Board seeking to recover its costs.