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.
The payment to account rules detailed fees are:
You are entitled to payment of any blocks completed before the case has concluded providing the criteria have been met.
From the 1 July 2020 until the expiry of the Coronavirus (Scotland) Act 2020, you should refer to the guidance in this update for full details of the changes we have made to the above guidance.
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.
From the 30 April 2020 until the expiry of the Coronavirus (Scotland) Act 2020, you should refer to the guidance in this update for full details of the changes we have made to the above guidance.
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:
Where the account is submitted on the basis of block fees:
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.