(1) Where the Authority is satisfied—
(a) that an applicant for legal aid is possessed of or entitled to disposable capital of a total value of more than $2,000; and
(b) that the disposable income of the applicant exceeds the amount of $2,000 per annum,
the Authority may require the applicant to make a contribution in one sum or by instalments in respect of sums payable on his or her account in respect of the proceedings in which a legal aid certificate is granted to the applicant.
(2) If the total contribution made by a person in respect of any proceedings is more than the net liability of the Authority, the excess shall be repaid to him or her.
(3) Any sums remaining unpaid on account of a person's contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Board on his or her account, a sum equal to the deficiency shall be a first charge on any property which is recovered or preserved for that person in the proceedings.
(4) The reference in subsection (3) to property recovered or preserved for any person shall include his or her rights under any settlement or compromise arrived at to avoid or to bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings, not being sums payable to the Board.
(5) The charge created by subsection (4) on any damages or costs does not prevent a court allowing them to be set off against other damages or costs in any case where an attorney-at-law's lien for costs would not prevent it.
(6) References in this section to the net liability of the Board on any person's account in relation to any proceedings refer to the aggregate amount of the sums paid or payable by the Board on his or her account and, where the person has been represented in the proceedings by the Board, such sums as would in the opinion of the Board have been payable on that person's account had he or she been represented by a solicitor assigned to him or her in respect of those proceedings, and not recouped by sums which are recovered by virtue of an order or agreement for costs made in his or her favour with respect to those proceedings.