Regulations amended to add Windrush Compensation and Scottish Child Payments to assessment disregard list

The Legal Aid and Advice and Assistance (Miscellaneous Amendments)(Scotland) Regulations 2020 come into force today.

These regulations amend the relevant Advice and Assistance, Civil and Children’s Regulations by adding payments from, or in connection with, the Windrush Compensation Scheme and Scottish Child 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 2 amends the Advice and Assistance (Scotland) (Consolidation and Amendment) 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
• This also excludes such payments from bearing fees and outlays when forming part of any recovered or preserved property in proceedings.

Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 by providing that:

• Windrush Compensation payments and Scottish Child Payments are disregarded in the assessment of an applicant’s disposable capital in respect of civil legal aid
• Scottish Child Payments are also disregarded in the assessment of an applicant’s disposable income.
• Both payments are excluded from bearing fees and outlays when forming part of any recovered or preserved property in proceedings.

Regulation 4 amends the Children’s Legal Assistance (Scotland) Regulations 2013 by providing that:

• Windrush Compensation payments and Scottish Child Payments are disregarded in the assessment of an applicant’s disposable capital in respect of children’s legal assistance
• Scottish Child Payments are also to be regarded in the assessment of an applicant’s disposable income.

These payments have been added to the list of disregarded payments shown in the Advice & Assistance and Civil and Children’s Keycards.

Appeals: 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.

For further information, please contact:

Civil Legal aid: Cindy Morrice, Manager of Civil Finance E: morriceci@slab.org.uk

Children’s Legal Aid: Catriona Whyte, Head of Civil and Children’s Legal Services E: whyteca@slab.org.uk

Criminal Legal Aid: Kingsley Thomas, Head of Criminal Legal Assistance E: thomaski@slab.org.uk