Financial eligibility tests for ABWOR: case type exemptions
To be eligible for ABWOR, your client must also be eligible for advice and assistance. Advice and assistance may be granted for the sole purpose of providing ABWOR, or ABWOR may be provided at a later stage.
The financial eligibility test does not apply and no contribution is payable by your client in connection with ABWOR for:
Proceedings before the Mental Health Tribunal for Scotland
A custody appearance under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and section 5 of the Protection from Abuse Scotland) Act 2001
Appeal proceedings under section 8 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018
These proceedings are referred to as “prescribed proceedings”– please see regulation 9 of the Advice and Assistance (ABWOR)(Scotland) Regulations 2003.