The Act states:
“Except in so far as regulations made under this section otherwise provide, fees or outlays to which this section applies shall be paid to the solicitor as follows
This is the hierarchy of payments and means that:
When you prepare your advice and assistance account, if after deducting the contribution and any expenses there is still an amount due, you should consider whether there has been property recovered or preserved.
To help you assess this, we have set out below when property can be recovered or preserved and the exemptions that apply if there is property recovered or preserved.
You should take payment of the amount due from the property recovered or preserved.
You should only subsequently submit an advice and assistance account to us if a hardship application has been granted under Regulation 16 (3(a) or (b) or if no property has been recovered or preserved from which you can be paid.
Under civil legal aid, an account must always be sent to us. Payment of your civil legal aid account cannot be made from anywhere other than the Legal Aid Fund.
A&A - clawback and regulation 16(3)
Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.