Keycards updated for new disregarded benefit – Care Leaver Payment – coming into force 1 June 2026

This update explains changes to the Keycards as a result of a new disregarded benefit which comes into force on 1 June 2026.

This benefit can be disregarded from the financial assessment in all advice and assistance/ABWOR cases, and civil and children’s legal aid cases.

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 (“the 2026 Regulations”) amend the relevant Advice and Assistance, Civil and Children’s Regulations by adding:

  • Care Leaver Payment

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 the 2026 Regulations amends the Advice and Assistance (Scotland) Regulations 1996 by providing that:

  • these payments are disregarded in the assessment of an applicant’s disposable capital and income in respect of all forms of advice and assistance
  • these payments are excluded from bearing fees and outlays when forming part of any recovered or preserved property.

Regulation 5 of the 2026 Regulations amends the Civil Legal Aid (Scotland) Regulations 2002 by providing that:

  • these payments are disregarded in the assessment of an applicant’s disposable capital and income in respect of civil legal aid
  • these payments are excluded from bearing fees and outlays when forming part of any recovered or preserved property.

Regulation 7 of the 2026 Regulations amends the Children’s Legal Assistance (Scotland) Regulations 2013 by providing that:

  • these payments are disregarded in the assessment of an applicant’s disposable capital and income in respect of children’s legal assistance.

What’s changed in the Keycards?

We have added the Carer Leaver Payments to the list of disregards shown in the Civil, Children’s and Criminal Keycards on our website.

The new payment has been added to the list of disregarded benefits as follows:

    • on the web versions of the Civil, Criminal and Children’s keycards
    • on the pdf versions available at the top of each keycard web page – at page 6 of the Civil Keycard, page 6 of the Children’s Keycard and page 5 of the Criminal Keycard.

More information

For further details, please contact: