226COrder requiring reimbursement of costs payments

1. An order referred to in section 226B(4) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 226B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 226 or 226A.

2. Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.

3. Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.

4. Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.

5. In this section,—

   dependent child, in relation to a party, means a child whose day-to-day care is substantially the responsibility of the party

   prescribed proportion means the same proportion that is prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 135A of that Act

   serious hardship, in relation to a party or a dependent child of the party,—

   1. includes significant financial difficulties that arise because of—
      1. the party's inability to meet minimum living expenses according to normal community standards; or
      2. the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
      3. a serious illness suffered by the party or by a dependent child of the party; or
      4. the cost of education for a dependent child of the party:
   2. does not include significant financial difficulties that arise because—
      1. the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
      2. the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.