https://www.slab.org.uk/guidance/assessment-of-financial-eligibility-for-criminal-advice-and-assistance-financial-limits-in-keycard-and-contribution/
https://www.slab.org.uk/guidance/assessment-of-financial-eligibility-for-criminal-advice-and-assistance-financial-limits-in-keycard-and-contribution/
Provided your client does not have disposable capital over the specified amount, advice and assistance is available, without contribution to any client who is receiving:
This is also true if your client’s disposable income (for the seven days up to and including the date of application) is below a specified limit as shown in the Keycard.
You must take into account your client’s total income in compliance with the guidance, from all sources for the seven days immediately preceding the application.
If your client has disposable capital over the specified amount, you cannot give them advice and assistance.
Aggregation of the resources of a spouse or partner
The resources of the applicant’s spouse or partner must be included in the assessment of the applicant’s financial eligibility in compliance with the guidance.
A “partner” means someone the applicant normally lives with as a couple, whether or not they are married and of the same or different sex.
The guidance also provides circumstances where aggregation of resources may not apply.
To help you assess eligibility, reference should be made to the guidance on signatures and financial verification.
Your client may be liable to pay a contribution.
This is all dependent on the level of your client’s disposable income, as assessed by you [Section 11 of the Legal Aid (Scotland) Act 1986]. You collect it and do not pay it to us.
Whether you collect a contribution is your own decision.
You may decide to:
A contribution is payable by your client and this sum cannot be claimed from the Fund.
Advice and assistance application procedures
Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.