Legal aid is only effective from the point when we are satisfied that the statutory tests are met. Because of this, if you require to do work as a matter of special urgency before a decision has been reached on an application you need to get special urgency cover in terms of regulation 18 of the Children’s Legal Assistance (Scotland) Regulations 2013.
If you have approval to do work as a matter of special urgency to protect your client’s position, any legal aid that we subsequently grant will include that work. If we grant approval, we may limit the work or subject this to conditions, as we consider appropriate.
You must ensure you have submitted a legal aid application within 28 days of beginning the urgent work. If you do not, the work will be excluded from any legal aid that may be made available.
Where work has been done in accordance with regulation 18, that work is covered under the legal aid subsequently granted. This does not mean the effective date on the certificate must be put back to the date the urgent work began. Your entitlement to payment depends on compliance with the terms of regulation 18 and not on any effective date stated on the certificate.