Advice and assistance reform

Legal profession


	Advice and assistance reforms

Civil advice and assistance reforms - key points

This page provides you with the essential information about the changes

The new red AA/APP/CIV form must be used for all civil advice and assistance applications and the new AA/INC/CIV form must be used for all civil requests for increases in authorised expenditure from 1 May 2007.

There are now two types of civil advice and assistance: standard and diagnostic. The new Category Codes Card shows whether a matter is diagnostic or standard.
- Standard: Most cases are likely to be standard advice and assistance. This covers most of the work being done by solicitors prior to 1 st May. There are particular categories of case – called approved categories - where standard advice and assistance can be given. The new Category Code Card tells you what is covered as standard advice and assistance.
- Diagnostic : Where the work to be done is not an approved standard category, advice and assistance can still be made available by way of a diagnostic interview. There is only limited funding of £35 available for a diagnostic interview.
  
  Usually a client can only get a diagnostic interview once during any period of 3 months from the date of an earlier grant and where advice could have been from any solicitor. You can seek the Board’s approval to move from diagnostic to standard advice and assistance.
  
  For diagnostic advice and assistance, there are particular contribution levels that apply.
There are new levels of initial authorised expenditure:
- diagnostic advice and assistance is limited to £35
- standard advice and assistance has initial authorised expenditure limits of £95 or £180.
The minimum fee has been removed from all civil cases granted on or after 1 st May 2007.

Financial verification : It is still your responsibility to be satisfied on financial eligibility. You should see documentary evidence of your client’s financial circumstances such as a wage slip or a bank statement. You need to include details of this verification on the AA/APP/CIV form and keep a copy of evidence seen on file.

When filling out the new form please use black ink only and when completing the single white boxes, write in capitals. Use the check boxes and write within the white boxes/space only. Do not send covering letters with the application form unless you require to tell us something that cannot be written on the form.

Legal Aid Online offers you a quicker and easier way of doing advice and assistance work rather than paper. If you are interested in using Legal Aid Online please visit our website www.slab.org.uk or contact us on 0131 240 2013.

Use our guidance to help you correctly complete the new forms. All our guidance on civil advice and assistance reform is available online

Civil advice and assistance applications – points to remember

Use our guidance including “How to complete the civil advice and assistance/ ABWOR application form” to help you correctly complete the new application form

You cannot use pdf forms, photocopies or your own versions of our forms from 1 May 2007. You must use the new AA/APP/CIV - Application for civil advice and assistance/ ABWOR form only, or use Legal Aid Online.

Income support, income based job seeker’s allowance, or disregarded benefit payments should not be included as income in Section G of the form.

If you are requesting our approval to provide standard advice and assistance rather than diagnostic, a higher contribution may be payable by your client.

Civil advice and assistance increases – points to remember

We now expect most increases to be made using templates as they are easier and quicker for solicitors to use. We have almost trebled the number of templates available to cover most types of case, and increased the limits of expenditure for previously available templates.

To ensure that you get all the benefits from these changes, please read our guidance “How to complete the increase in authorised expenditure form” and “Increases in Authorised Expenditure,” which is an extract from our Civil Legal Assistance Handbook detailing the increase templates and guidance.

A copy of the increase form should be made by you prior to submission as we will no longer be returning these forms to you with our decision. A letter informing you of our decision will be sent instead.

You cannot apply for an increase in authorised expenditure for diagnostic advice. You must first obtain Board approval to have the matter considered as standard advice and assistance.

Where you have not seen documentary evidence of your client’s financial circumstances prior to making an increase request, you should now seek this verification and complete Section D of the AA/INC/CIV form.