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

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[UPDATED 27 April 2020]

To submit your claim you should follow the guidance below specific to the type of legal aid account for which an interim payment is sought.

All fixed payment claims must be submitted online and you should, wherever possible, submit all other interim accounts using the online procedures.

In non-fixed payment cases if you cannot use our online systems and can only submit a paper account then please follow the guidance here.

You must clearly mark the account ‘Covid-19 Interim Claim’.

Civil A&A (non-recovery cases only) and ABWOR, and Children’s A&A and ABWOR

  • The current interim outlay process remains unchanged
  • To submit a claim for payment of the fees incurred to date the following process should be followed.
    • Within the synopsis tab select ‘Final’
    • Proceed to complete the synopsis as you normally would until the question asking has the case concluded appears
    • On reaching this question click ‘No’ and enter the text ‘Covid-19’ in the mandatory free text box

 

 

    • Then click save and proceed to add work items and submit your claim
  • On conclusion of the case, or to make a subsequent claim for an interim payment of outlays you will require to submit a supplementary payment request.

 

 

Criminal ABWOR & Summary Criminal Legal Aid (non-fixed payments)

  • You should note that the fees and outlays incurred can be submitted within the same claim
    • Complete the ‘final’ synopsis as you normally would but when asked: ‘Is the matter concluded?’ select ‘No’.
    • Then enter the reason for submission as ‘Covid-19’

 

 

    • Then click save and proceed to add the fees and the outlays that you have incurred to date.
  • On conclusion of the case, or to make a subsequent claim for an interim payment outlays, you will require to submit a supplementary payment request.

 

 

 

 

Relevant ABWOR Fixed Payments

  • The fees allowable in these cases is determined by the answers that you provide within the synopsis.
  • It is necessary to complete the ‘Final’ synopsis.
  • An option has now been included for you to confirm the case is affected by the Covid-19 situation.

ABWOR fixed payments

  • Where the synopsis asks you to select the reason for submission of your claim.

    • Warrant issued/Covid-19: Should be used where either of these apply. It is essential that you make this election to enable subsequent claims for add-on fees, where appropriate, to be made.
    • Long deferred sentence: Should only be used where the sentence has been deferred for more than 3-months, even if that deferred sentence is due to Covid-19. This will retain the current process that already allows for full submission in these circumstances.
    • Case has fully concluded: Should never be used where the payment request is one that is seeking an interim payment even where this may be the full payment due in the case.
  • On selection of ‘Warrant issued/Covid-19’ enter a date and select the appropriate option

 

    • On completion of the synopsis click ‘save’
    • The relevant fixed fee will be automatically generated and you can proceed to add the appropriate further fees and outlays that you have incurred to date.
    • On conclusion of the case, or to make a subsequent claim for an interim payment outlays, you will require to submit a supplementary payment request.

Summary Criminal Fixed Payments

  • The fees allowable in these cases is determined by the answers that you provide within the synopsis.
  • It is necessary to complete the ‘Final’ synopsis.
  • Answer all questions as appropriate and proceed to select if the case has, or has not, been to trial.
  • An option has now been included for you to confirm the case is affected by the Covid-19 situation.

Criminal fixed payments

 

  • There is a slight variation on the process depending on whether the case went to trial and the guidance below explains how you should proceed depending on how you respond.

 

Accused case did not proceed to trial selected

  • Select the stage the case reached prior to any deferred sentences as normal

 

 

 

  • You are then required to select the reason for submission of your account from a drop down list of options

 

  • It is important that you make the correct selection at this stage as follows
    • Warrant issued/Covid – 19: Should be used where either of these apply. It is essential that you make this election to enable subsequent claims for add-on fees, where appropriate, to be made.
    • Long deferred sentence: Should only be used where the sentence has been deferred for more than 3-months, even if that deferred sentence is due to Covid-19. This will retain the current process that already allows for full submission in these circumstances.
    • Case has fully concluded: Should never be used where the payment request is one that is seeking an interim payment even where this may be the full payment due in the case.
  • On completion of the synopsis click ‘save’.
  • The relevant fixed fee will be automatically generated and you can proceed to add the appropriate further fees and outlays that you have incurred to date.
  • On conclusion of the case, or to claim further interim outlays, you will require to submit a supplementary payment request.

Accused case did proceed to trial

  • Select the appropriate option on length of trial

  • You are then required to select the reason for submission of your account from a drop down list of options

 

  • It is important that you make the correct selection at this stage as follows
    • Warrant issued/Covid – 19: Should be used where either of these apply.
    • Long deferred sentence: Should only be used where the sentence has been deferred for more than 3-months, even if that deferred sentence is due to Covid-19. This will retain the current process that already allows for full submission in these circumstances.
    • Case has fully concluded: Should never be used where the payment request is one that is seeking an interim payment
  • On completion of the synopsis click ‘save’.
  • The relevant fixed fee will be automatically generated and you can proceed to add further fees and outlays that you have incurred to date.
  • On conclusion of the case, or to claim further interim outlays, you will require to submit a supplementary payment request

Supplementary claims

  • The Supplementary synopsis has also been updated to include the provision for submission where the case is delayed as a result of Covid-19
  • This means if you have previously submitted your claim (on the basis of a warrant being issued or a long deferred sentence) you can submit a supplementary claim should you have completed further work where the case is further delayed as a result of Covid-19.
  • You can continue to select ‘Long Deferred Sentence’ where this has been deferred for a period greater than 3-months.

 

 

Civil legal aid – family actions

  • The current process of selecting the interim option, selecting fees and confirming the case has not concluded remains unchanged.
  • Then select the criteria that applies to the interim fee from the selection available. [See image below]
  • Make the appropriate selection from the increased number of provisions available and complete any necessary further fields, for example; where “A proof or debate has been allowed” is selected you will require to enter the date this has been set for.
  • Where it is a block fee claim you will require to confirm if you wish to upload your account:
    • Selecting YES and clicking SAVE will automatically create the “Interim fee for upload claim” work item for you to attach your account to
    • Selecting NO and clicking SAVE will mean you will require to select the on-line block fees that form part of your interim fee claim
  • Where it is a time and line claim it is not necessary to upload or frame an account:
    • You should update the “interim fee work item” with the details of the interim fee claim
  • You can access full guidance on this process here.
Civil family

Civil legal aid - non-family actions

  • The current process of selecting the interim option, selecting fees and confirming the case has not concluded remains unchanged.
  • Then select the criteria that applies to the interim fee from the selection available [See image below].
  • Make the appropriate selection from the increased number of provisions available.
  • The process thereafter is identical to that in family actions.
Civil non family

Children's legal aid

  • The current process of selecting the interim option, selecting fees and confirming the case has not concluded remains unchanged.
  • Then select the criteria that applies to the interim fee from the selection available [See image below].
  • Make the appropriate selection from the increased number of provisions available and complete any necessary further fields. For example, where: ‘Proof has been adjourned for a period of 6-months or more’ is selected you will require to enter the date this has been set for.
  • On clicking save you are taken directly to the work breakdown screen.
  • You can then select the Interim fee work item and enter the details of the interim fee claim.
  • Please note it is a requirement that we can view a copy of your detailed account.
  • If you have framed your account on-line this view is automatically generated on submission of the interim fee work item.
  • Where you have not framed your account on-line you must attach a copy of your account to the interim fee work item.
Childrens

Solem criminal legal aid (and appeals)

  • The current process of selecting the interim option, selecting fees and confirming the case has not concluded remains unchanged.
  • Then select the criteria that applies to the interim fee from the selection available [See image below].
  • Make the appropriate selection from the increased number of provisions available and complete any necessary further fields. For example, where ‘Trial has been adjourned for a period of 6-months or more’ is selected you will require to enter the date this has been set for.
  • On clicking ‘save’ you are taken directly to the work breakdown screen.
  • You can then select the Interim fee work item and enter the details of the interim fee claim.
  • Please note it is a requirement that we can view a copy of your detailed account.
  • If you have framed your account on-line this view is automatically generated on submission of the interim fee work item.
  • Where you have not framed your account on-line you must attach a copy of your account to the interim fee work item.
Criminal

More information

If you have any queries on the update, please contact:

Karen Shaw, Assistant Accounts Manager: shawka@slab.org.uk

Steven Carrie, Senior Technical Specialist: carriest@slab.org.uk

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