You, your client, and counsel, if instructed in the case, have a duty to tell us of any change in circumstances, financial or otherwise, which is known to them and which may alter our assessment of the statutory tests.

Your client must report any change in their partner or cohabitee’s means, if this is a case where their means are being taken into account.

If your client does not give us information we ask for to confirm our original assessment or to make a reassessment we can suspend or withdraw the legal aid.  We can also recover from them all fees and outlays we have paid to you.

You must draw to our attention any situation where you believe your client has not complied with this duty, under regulation 23(2) of the Civil Legal Aid (Scotland) Regulations 2002.

An opponent may also draw to our attention any situation where they have reason to believe there is a matter that might cause us to:

  • Amend a determination
  • Suspend legal aid
  • Stop making legal aid available

Changes of address should be reported as quickly as possible to avoid delays in communication.

Importance of reporting a change of address

Where we are considering an application or where we have granted legal aid we need to be told as quickly as possible of any changes of address so we can update our records to avoid delays in the applicant or assisted person getting any correspondence.  This includes, where known, telling us about any changes to the opponents address.  A notification providing the new address details and if known, the date the change took place should be sent to us as soon as possible.

Importance of reporting a death

Where your client dies you should inform us as soon as possible so we can update our records. This will prevent any us sending any correspondence to the deceased, which may upset family members.

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