15 November 2023
This update is to tell you about changes to our legal aid guidance as follows:
These Regulations amend the relevant Advice and Assistance, and Civil and Children’s Regulations by adding Carer Support Payments to the list of payments which can be disregarded from the assessment of an applicant’s disposable income or capital in all types of legal assistance.
Regulation 4 of the Carer’s Assistance Regs 2023 amends the Advice and Assistance (Scotland) Regulations 1996 by providing that:
Regulation 6 of the No.4 Regs 2023 amends the Civil Legal Aid (Scotland) Regulations 2002 by providing that:
Regulation 10 of the No.4 Regs 2023 amends the Children’s Legal Assistance (Scotland) Regulations 2013 by providing that:
We will add the Carer Support Payments to the list of disregards shown in the Civil, Children’s and Criminal Keycards, which will be available on our website from Friday, 17 November 2023.
The No.4 Regs 2023 also:
Please note: Section 27 of the Act is not yet in force and further amendment of legal aid legislation is required to ensure that legal advice and assistance is available to those detained under section 27 of the 2023 Act on the same conditions as those detained under the relevant provisions of the Criminal Justice (Scotland) Act 2016, the Counter-Terrorism and Border Security Act 2019, and the Terrorism Act 2000.
We are currently discussing the necessary additional legislative changes with Scottish Government and will provide an update once they are in force.
Civil: Cindy Morrice, Civil Finance Manager
Children’s: Wendy Dalgleish, Head of Civil and Children’s Legal Assistance
Criminal: Kingsley Thomas, Head of Criminal Legal Assistance
18 January 2024
Following solicitor feedback we have introduced a simplified application process for legal aid applications for a Guardianship order under one of five sections