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

Page contents:

Please note: these provisions no longer apply on or after 1 October 2022. Solicitors must follow the new guidance.

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.

Covid-19 update

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.

  • 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.

Covid-19 update

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:

  • 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.

Civil legal aid accounts: activities covered by the conduct fee
Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of – or directly by – a child

In this section

Covid-19

Covid-19: Guidance on making interim claims for payment [UPDATED]

See guidance on interim payment claims during the Covid-19 pandemic for various accounts, including criminal, civil & children's legal aid, A&A and ABWOR.

Covid-19

Opponent notifications and statutory statements in applications

Sets out Covid-19 arrangements on notifications of civil legal aid applications to opponents and what we need as far as statutory statements

Advice and assistance application procedures

Notification of a grant of A&A, provision of ABWOR and your client’s declaration

View guidance on notification of admitting a client to A&A, provision of ABWOR and the need for a signed client’s declaration.

Special Urgency for proceedings under the 2011 and 2019 Acts

The Declaration

Find out about the online declaration, what it is for and how it ensures payment for work carried out.

Advice and assistance application procedures

Cases where documentary evidence not available immediately

Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process

Applications in summary criminal proceedings

Availability of criminal legal aid in summary proceedings

Learn about when criminal legal aid becomes available in summary proceedings.

Applications in summary criminal proceedings

Applying for legal aid in summary proceedings

Find out how to apply, what you must get from your client and the information we require to grant legal aid in summary proceedings.

Applications in solemn proceedings

Legal Aid Online applications for solemn legal aid

Find out the information we require and how you must apply for legal aid in solemn proceedings.

Criminal legal aid applications for appeals

Choosing the right legal aid declaration form for criminal appeals

Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.

Advice and Assistance application procedures

Completing the advice and assistance application form

Find out about the process for completing a civil Advice and Assistance application, including what you need to tell, how, and when.

Advice and Assistance application procedures

Financial eligibility for advice and assistance: evidence you must supply

Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.

Availability of Civil legal aid and application procedures

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

Block fees: sheriff court proceedings (defended)

Civil legal aid accounts: activities covered by the conduct fee

Find out what tasks are covered by the conduct fee

Advice and Assistance Application Procedures

Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of - or directly by - a child

Find out how you must apply for children’s A&A, timescales for doing so, when different category codes are appropriate and who may make applications.

Advice and Assistance Application Procedures

Assessment of your client’s financial eligibility

Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.

Verification of financial eligibility for children’s advice and assistance and ABWOR

Cases where no documentary evidence of eligibility is immediately available

Find out what you can do in cases where documentary evidence of financial eligibility is not immediately available, including a number of examples.

Legal Aid for Children’s Proceedings

Online declaration/your client's declaration

Read our explanation of the purpose of the declaration form, find out who should complete it and what you should do with the completed form

Covid-19

Eligibility for interim reimbursement of fees and outlays

Find out when it is possible to apply for an interim claim of fees or outlays.