Eligibility for interim reimbursement of fees and outlays

There is no statutory provision under children’s legal aid to allow for reimbursement of outlays, or interim payment of fees.  However, consideration will be given to such claims on the following basis.

Eligibility for interim reimbursement of outlays

  • There must be a valid children’s legal aid certificate in existence at the date of the claim.
  • The proceedings must not be concluded.
  • A claim for reimbursement of outlays may be made only if the total of the disbursements is at least £750.
  • Reimbursement can be obtained only when a disbursement has actually been made.
  • Counsel’s fees do not form part of the reimbursement of outlays scheme.

Eligibility for interim payment of fees

  • A period of 12 months has elapsed since grant of legal.
  • A proof diet has been set for a date 6 months from the procedural / pre-proof hearing.
  • A proof has been adjourned for a period of 6-months or more.
  • The fees properly incurred to date exceed £10,000.00.
  • The proof / appeal hearing exceeds 20 days or 20 subsequent days.

Covid-19 update

From the 30 April 2020 until the expiry of the Coronavirus (Scotland) Act 2020, you should refer to this April 2020 update for full details of the changes we have made  to this guidance.

From 1 July 2020 you should follow the new streamlined procedures for submitting claims.

Online declaration/your client’s declaration

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

Covid-19

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

Learn more about payment of block fee and detailed accounts.

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