https://www.slab.org.uk/guidance/proceedings-requiring-our-prior-approval-before-granting-abwor/
https://www.slab.org.uk/guidance/proceedings-requiring-our-prior-approval-before-granting-abwor/
Under regulation 13 of the Advice and Assistance (ABWOR)(Scotland) Regulations 2003, you need to get our prior approval to provide ABWOR before:
You should seek that approval either when you first apply or by seeking an uplift to ABWOR. Before giving such approval, we must be satisfied about certain matters specified in regulation 13
ABWOR covers all work in connection with a petition for the appointment of an executor up to obtaining an extract decree of the appointment. If at any stage the proceedings become opposed, ABWOR must then stop.
The tables below set out the criteria to be applied, and by whom, in assessing whether ABWOR can be made available.
ABWOR is not available for any First-tier or Upper Tribunal proceedings not listed in these Tables.
You should be satisfied that the tribunal deciding the case will do so sitting in Scotland. This will be obvious in the vast majority of cases.
Summary of eligibility tests.
| Tribunal
|
Chamber | Proceedings | Means test | Merits test | Criteria |
| First-tier | Immigration and Asylum | All | Yes – you apply standard means test | No | N/A |
| Tax | Section 60, Value Added Tax Act 1994 | Yes – you apply standard means test | Yes – we apply test | Interests of Justice | |
| Section 8, Finance Act 1994
|
Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Schedule 24, Finance Act 2007
|
Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Schedule 41, Finance Act 2008
|
Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Pensions Regulator | Appeal against a decision of the Pensions Regulator
|
Yes – you apply standard means test | Yes – we apply test | Interests of Justice |
Summary of eligibility tests.
| Tribunal | Chamber | Proceedings for which ABWOR is available | Means test | Merits test | Criteria |
| Upper Tribunal | Immigration and Asylum | Appeal, where first-tier tribunal has given permission to appeal
|
Yes – you apply standard means test | No | N/A |
| Immigration and Asylum | Appeal, where first-tier tribunal has not given permission to appeal
|
Yes – you apply standard means test | Yes –you apply test | Effective participation | |
| Administrative appeals | Section 4, Vaccine Damage Payments Act 1979
|
Yes – you apply standard means test | Yes – we apply the test | Effective participation | |
| Section 20, Child Support Act 1991 | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 12, Social Security (Recovery of Benefits) | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 12 or 13, Social Security Act 1998
|
Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 39, or paragraph 3 of Schedule 2 to the Tax Credits Act 2002 | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 158, Health and Social Care (Community Health and Standards) Act 2003 | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 23 Child Trust Funds Act 2004 | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Section 50, Child Maintenance and Other Payments Act 2008 | Yes – you apply standard means test | Yes – we apply test | Effective participation | ||
| Tax and Chancery | Appeal against a penalty imposed under section 60, Value Added Tax Act 1994 | Yes – – you apply standard means test | Yes – we apply test | Interests of Justice | |
| Appeal against a penalty imposed under section 8, Finance Act 1994 | Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Appeal against a penalty imposed under Schedule 41 to the Finance Act 2008 | Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Appeal against a decision of the Pensions Regulator | Yes – you apply standard means test | Yes – we apply test | Interests of Justice | ||
| Appeal against a decision made under or by virtue of any of sections 1 to 5A of the Pensions Appeal Tribunal Act 1943 by a Pensions Appeal Tribunal or the first-tier tribunal
|
Yes – you apply standard means test | Yes – we apply test | Interests of Justice |
Summary of eligibility tests
| Tribunal
|
Chamber | Proceedings | Means test | Merits test | Criteria |
| First-tier | Health & Education Chamber | Yes – you apply standard means test | Yes – we apply test | Effective participation |