Clawback: our right to recover sums paid out of the Fund from the applicant

The Advice and Assistance (Scotland) Amendment (No.3) Regulations 2004, S.S.I. No. 492, provide that, where we have paid your account for fees and outlays for advice and assistance under Regulation 16(3)(b), we have the power to recover any expenses or property recovered or preserved by the client and to reimburse the Fund. We can seek payment from your client if they are to recover or preserve property at a later date.

After we have made payment of your account under regulation 16(3)(b):

• the applicant has the option to repay the sums due to us at that stage and repayment can be made by instalments;
• the applicant should keep us informed of any payments they receive in respect of the recovery/preservation made and they should contact us to advise of any change of address;
• if the recovery/preservation made by the applicant is the transfer of property or capital from the sale of a property, you should keep us informed of any progress if you are acting in the sale or transfer.