You decide who is eligible for advice and assistance (and ABWOR) and the extent to which you provide it within the initial limit, or further authorised limits of authorised expenditure.

You have to consider whether:

  • The client is financially eligible for advice and assistance.
  • The proceedings are within the scope of ABWOR.
  • The client is eligible on the merits.
  • The criteria for providing ABWOR are satisfied in the particular case.

It is important that you apply the applicable tests correctly to avoid a situation where we are required to withhold or recover payment.

Circumstances where difficulties may arise include:

  • The client was not financially eligible for advice and assistance – it is important to obtain documentary evidence wherever practicable.
  • The client was not admitted to advice and assistance or ABWOR by you.
  • Work, including travel was undertaken before the client was admitted to advice and assistance or ABWOR.
  • Work was done or outlays incurred above the level of the initial limit.
  • There was no increase in authorised expenditure in place before undertaking further work and/or incurring an outlay.

You cannot give advice and assistance, and by extension ABWOR, in connection with any proceedings before a court at a time when legal aid has also been made available for those proceedings.

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