Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available

We accept that occasionally it may not be possible, at least in the early stages of the case, to get the evidence required. Your client may have had to flee the family home because of domestic violence and be unable to get at the evidence. They may be in custody or detention in a matter related to immigration or asylum. You should explain this on the application for advice and assistance/ABWOR or for an increase.

It may also be difficult to get documentary evidence from your client if they have literacy or mental health issues, are homeless or has a chaotic lifestyle. Even in these cases you should try to get it. If you cannot, clearly explain to us why you have granted advice and assistance/ABWOR.

You should always strive to obtain evidence, even in these cases. You should explain why it is not reasonably possible to obtain documentary evidence of financial eligibility.

We will honour the increases granted if:

  • You have given adequate information during the case, and acted diligently and in good faith based on the circumstances of the case.
  • It later transpires that the client is ineligible

However, we will seek repayment from your client.

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