Civil legal aid accounts: availability of payments to account for fees

You may submit an application for interim payments to account of fees both in respect of detailed accounts (Schedule 5) and block fee accounts (Schedule 6) in terms of Regulation 11 of the Civil Legal Aid Fees (Scotland) (As amended) Regulations 1989.

There is guidance on how you can do this on Legal Aid Online in our accounts e-learning section.

Interim payment of detailed fee accounts

The payment to account rules detailed fees are:

  • You are entitled to submit a claim giving details of fees incurred as at the date of the claim.
  • No detailed account is required at this interim account stage. The interim payment payable by us is 75% of the fees that are eligible for payment and earned during the period covered by the claim.

Interim payment of block fee accounts

You are entitled to payment of any blocks completed before the case has concluded providing the criteria have been met.

Interim payment: When can you make a claim?

The initial claim should be submitted at the point where stage 1, 2 or 3 has been reached, whichever is the earlier.

  • A proof or debate has been allowed.
  • In family cases involving a Child Welfare Hearing, six months after the date of grant of civil legal aid.
  • 12 months after the date of grant of civil legal aid where neither (1) nor (2) applies.
  • Each subsequent 12 months after the initial claim.

We aim to pay you as quickly as possible. In the time available, we cannot examine the information in the same detail as when you send us the full account. Providing an interim payment does not mean we cannot later on decide that the payment is not properly allowable (either in full or in part). If so, you will have to repay the money to the Legal Aid Fund.

Where the final civil account is chargeable on the basis of detailed fees:

  • It must contain a full and proper accounting of all work done including the sums paid by way of interim payment.

Where the account is submitted on the basis of block fees:

  • The charges already by way of interim payment paid should not be included in the final account.

It is a condition of all payments to account that, if the assisted person recovers money under an award or agreement about expenses, or recovers or preserves money or other property in the proceedings or under a settlement, you must tell us within 28 days. You must also ensure you and your client comply with the conditions of section 17(2A) and (2B) of the Legal Aid (Scotland) Act 1986 and regulation 40 of the Civil Legal Aid (Scotland) Regulations 2002.

You can apply for interim payments of fees or outlays directly through Legal Aid Online or on paper.

In this section

Interim payment procedure for fees and/or outlays

Civil legal aid accounts: availability of payments to account for outlays

Learn about when you are allowed to submit for an interim payment of your outlay.