22 November 2021
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 come into force on 26 November 2021.
These regulations amend the relevant Advice and Assistance, Civil and Children’s Regulations by adding:
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 2 amends the Advice and Assistance (Scotland) Regulations 1996 by providing that:
Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 by providing that:
Regulation 4 amends the Children’s Legal Assistance (Scotland) Regulations 2013 by providing that:
In addition, we will also disregard these payments where we assess financial eligibility for Summary, Solemn and Criminal Appeals legal aid using the undue hardship test.
We will be updating the relevant legal aid guidance on our website to reflect the amended regulations.
From 26 November you should not include these payments when assessing eligibility and should not include them in the relevant financial sections of the online applications for all types of legal assistance.
Civil Legal aid: Cindy Morrice, Manager of Civil Finance E: firstname.lastname@example.org
Children’s Legal Aid: Wendy Dalgeish, Head of Civil and Children’s Legal Services E: email@example.com
Criminal Legal Aid: Kingsley Thomas, Head of Criminal Legal Assistance E: firstname.lastname@example.org
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