Applications by a person acting in a representative, fiduciary, official or other capacity: what resources are taken into account?

If the applicant is making the application in a representative, fiduciary, official or other capacity, or is a named person by virtue of any of sections 250 to 254 and 257 of the Mental Health (Care and Treatment) (Scotland) Act 2003, we take into account:

  • the value of any property or any fund out of which the applicant is entitled to be indemnified, and
  • the disposable income and capital of anyone (including the applicant, if applicable) who might benefit from the outcome of the proceedings.

When submitting the application, it is important to make the applicants’ representative or official position clear.

Financial assessment of children
Appellate proceedings: is a fresh financial assessment and additional contribution necessary?

In this section

Financial assessment

Discretionary application process for people fleeing or in an abusive or controlling relationship

Process where people may not know about all of their financial resources and/or have the ability to access financial evidence

Financial assessment

Financial eligibility for civil legal aid: general conditions and limits

Satisfy yourself that the client is financially eligible for civil legal aid with reference to income and capital.

Financial assessment

Choosing the right financial form for the client

Use the appropriate civil application financial form depending on clients circumstances

Financial assessment

Civil legal aid assessment period and its consequences: ‘period of computation’

View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.

Financial assessment

Taking partners’ financial resources into account: civil legal aid

Learn about how partner is defined, contrary interest and parties living apart when considering financial resources for civil legal aid.

Financial assessment

Civil legal aid: how we calculate income and what’s included

Learn about assessment of wages/salary from employment, net profit from self-employment or business, other sources of income and things that can be disregarded.

Financial assessment

Civil legal aid: assessment of capital resources and relevant disregards/allowances

Find out which of your client's capital resources must be taken into account when applying for legal aid.

Financial assessment

Regulation 12 – deprivation or conversion of resources

Under regulation 12, we must consider capital disposed of before an application was made.

Financial assessment

Calculating disposable capital and disregards: are the resources the subject matter of dispute?

Assessing the clients disposable capital and guidance on the relationship between subject matter of dispute and clawback

Financial assessment

Financial assessment of children

Find out about assessment of financial for special categories of applicant: children

Financial assessment

Appellate proceedings: is a fresh financial assessment and additional contribution necessary?

We may reassess disposable income and disposable capital if there has been a change in circumstances that would normally result in a reassessment.

Financial assessment

Adults with Incapacity applications

Guidance on modified financial assessment process in Adults with Incapacity cases.

Financial assessment

Will my client be liable to pay a contribution?

Information on how instalment rates of maximum contribution are set and the relationship with case cost.