There are a number of issues due to the nature of ABWOR, and the fact that ABWOR is made available by the solicitor rather than the Board, that have to be kept in mind to ensure payment in due course.
Most importantly, ABWOR is always subject to sufficient, prospective increases in the level of authorised expenditure to cover the work undertaken in the case. This is particularly important in a case that has been granted exceptional case status.
Regulation 3(c) of the Advice and Assistance (Financial Limit)(Scotland) Regulations 1993 sets out the initial limits of authorised expenditure, beyond which you may need an increase or increases during the course of the proceedings.
The limits are set at a sufficient level which covers the core payment but it is important that you monitor the case costs as an increase cannot be granted retrospectively.