Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings

Any property recovered or preserved for your client in respect of advice and assistance or ABWOR in connection with proceedings before the Upper Tribunal is exempt [Regulation 16 Advice & Assistance (Scotland) Regulations 1996].

Your right to prior payment of fees and outlays [Section 12 Legal Aid (Scotland) Act 1986] does not apply to any money paid in connection with proceedings before the Upper Tribunal, consisting of an appeal made under or by virtue of:

  • Any of sections 1 to 5A of the Pensions Appeal Tribunal Act 1943 by a Pensions Appeal Tribunal or the First-tier Tribunal;
  • Section 4 of the Vaccine Damage Payments Act 1979;
  • Section 20 of the Child Support Act 1991;
  • Section 12 of the Social Security (Recovery of Benefits) Act 1997;
  • Section 12 or 13 of the Social Security Act 1998;
  • Paragraph 6 or 7 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;
  • Section 39 of, or paragraph 3 of Schedule 2 to, the Tax Credits Act 2002;
  • Section 158 of the Health and Social Care (Community Health and Standards) Act 2003;
  • Section 23 of the Child Trust Funds Act 2004;
  • Section 50 of the Child Maintenance and Other Payments Act 2008.

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