Keycards updated as new Regulations add to lists of disregarded payments when assessing applications

This update explains changes to the Keycards as a result of new regulations which come into force on Friday 21 March 2025.

Each of the regulation changes adds new benefits to the lists of payments which can be disregarded from the financial eligibility tests for all Advice and Assistance/ABWOR, Civil and Children’s legal aid as follows:

The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 SSI 2024 No 311

These regulations come into force on Friday 21 March 2025, and amend the relevant legal aid regulations by adding the following to the list of payments which can be disregarded from the assessment of an applicant’s disposable income or capital in respect of advice and assistance, civil legal aid and children’s legal assistance:

• Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance)
• Short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations.
  The regulations also state that the specified payments are exempt from clawback.

What’s changed in the Keycards?

We have now updated the Keycards for this change on our website as follows:

1. The new disregarded benefits payments have now been added to the list of disregarded benefits in each of the Keycards
2. We have also clarified in each of the Keycards that disregarded benefits should not be included in the calculation of weekly disposable income for the capital disregards for applicants of pensionable age (60 or over).

More information

For further details, please contact:

• Civil Legal aid: Cindy Morrice, Manager of Civil Finance – Email: morriceci@slab.org.uk
• Children’s Legal Aid: Wendy Dalgeish, Head of Civil and Children’s Legal Services – Email: DalgleishWe@slab.org.uk
• Criminal Legal Aid: Kingsley Thomas, Head of Criminal Legal Assistance – Email: thomaski@slab.org.uk