Your client will recover or preserve property under advice and assistance if they get something they didn’t own before, if they keep something that someone tried to take or they retain property which was part of the settlement and they already previously owned.
However, the clawback provisions in advice and assistance vary in several ways from those applied in civil legal aid. The main difference being that under civil legal aid, your client is entitled to their own one half share of any jointly owned property as long as it was not put at issue in the proceedings. Under advice and assistance there are no half sharing provisions.
Property has a very wide meaning, and includes anything that can be owned. Examples of property include:
Any item which has a monetary value can be recovered or preserved in an action.
Regulation 16(2) lists categories of property recovered or preserved to which section 12(3)(c) of the Act does not apply. Only property specifically excluded in regulation 16(2) is exempt from clawback. Among the types of property exempted are:
You should refer to regulation 16(2) for full details of the exempt property.
Matrimonial exemption allowances for applications received prior to April 2011
For applications granted prior to 1 April 2011 under regulation 16(2)(b), clawback does not apply to a specified initial limit (see the Keycard for up-to-date limits) of any money, or of the value of any property, recovered or preserved by virtue of –
There are no exemptions for applications received on or after 1 April 2011.