Handbooks Index

 

Part 3: Advice and Assistance


Chapter 5

Increases for different types of case under A&A and ABWOR

Part 1- Templated increases

 
For some types of case, we give “templates” which, if you meet certain criteria, allow us to grant one increase to cover your work without you having to come back to us for further authorisation. Part 1 of this chapter contains all of these templates.

Using the templates will save you time. For a templated increase, all you need to do is select the appropriate template from the drop down box, provide any necessary information (where appropriate) and confirm the expenditure sought. For some types of case, you can also use the template for certain additional items of work, such as employment of medical experts.

The templates included in this handbook are:

1. Anti-social behaviour orders (ASBOs)
2. Asylum
3. Asylum appeals

Child abduction – applications under the Hague Convention

4. Streamlined procedure
5. Applications to defend actions under the Convention
6. Appeals

7. Child Support Agency and the Child Support Act 1991 – appeal
8. Applying for civil legal aid – where no other template applies
9. Criminal injuries compensation – appeals

Crofting

10. Resumption of crofting land
11. Access rights
12. Rights to purchase crofts
13. Acquisition by cottar of holding
14. Crofting land
15. Decrofting applications
16. Apportionment of common grazings
17. Succession to crofts
18. Bad husbandry

19. Curators ad litem

Divorce, dissolution of civil partnership and family matters

20. Family (divorce/dissolution of civil partnership) – financial assets over £50,000, and issues to resolve involving children of the relationship
21. Family (divorce/dissolution of civil partnership) – financial assets over £50,000
22. Family (divorce/ dissolution of civil partnership) – financial assets of £50,000 or less and issues to resolve involving children of the relationship
23. Family (divorce/ dissolution of civil partnership) – financial assets of £50,000 or less and no issues to resolve involving children of the relationship
24. Contact and residence

Minutes of agreement

25. Stage 1 – negotiations
26. Stage 2 – drafting, adjusting and registering minute of agreement
27. Stage 3 – implementation and enforcement

28. Adoption
29. Declarator of parentage
30. Assumption of parental rights or responsibilities
31. Aliment

Employment tribunals

32. Advice and assistance only – stage 1 template
33. Stage 2 – ABWOR template

34. European agreement on the transmission of applications for legal aid
35. Failure to obtemper court orders
36. Fatal Accident Inquiries
37. Guardianship

Housing
38. Housing benefit
39. Appeal against decision of the Independent Appeal Service
40. Eviction
41. Dampness and housing repair claims

Interdict
42. Interdict against abuse
43. Other interdicts
44. Breach of interdict

45. Judicial review (including judicial review of Board decisions)

Mental Health (Care and Treatment) (Scotland) Act 2003

46. First increase
47. Second increase

48. Naturalisation as a British citizen
49. Non-harassment orders
50. Payment actions
51. Recovery of heritable property (mortgage rights)

Reparation
52. Personal injuries – claim for damages between £1,500 to £10,000
53. Personal injuries – claim for damages exceeding £10,000

Medical negligence
54. First report
55. Second report
56. Third stage

57. Sexual offence prevention order

Social security

58. Department for Work and Pensions decision (or decision by a council for housing or council tax benefit)

 

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If you ask for a template increase and an increase for:

we need you to give us sufficient information to satisfy us that the work should be covered.

If you apply for a templated increase, you can apply for further increases for items not covered by the template.

If we grant your request by telephone, you must follow it up using the online increase application giving the date of the grant and the name of the person granting it.

As with any other increase we grant, the limit we set is the maximum level of expenditure that we have authorised – you will still have to justify the expenditure in your account.

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1. Anti-social behaviour orders (ASBOs)

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to cover

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2. Asylum

In applying for an increase under the template, you confirm that under the existing limit

Work covered by template

We will grant an increase in authorised expenditure to £950 to cover:

Additional work covered by template

Standard additional work item

 

  • B - Instructing an expert medical report, paying the expert and considering the terms of the report. 

£350

 

Additional work item

 

  • We will consider a higher figure where a medical report is likely to exceed £350. 

 


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3. Asylum appeals

In applying for an increase under the template, you confirm that under the existing limit

Work covered by template

We will grant an increase to £1,800 if you need to do the following further work:

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Child abduction – applications under the Hague Convention

4. Streamlined procedure

Regulation 45 of the civil legal aid regulations puts in place streamlined procedures to deal with applications for legal aid made by a person resident outside the UK. The streamlined procedure applies only to cases where

In applying for an increase under the template, you confirm that under the existing limit you have

Work covered by template

We will allow an increase to £500 to enable you to do all the work necessary to apply for legal aid under the streamlined procedure.

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5. Applications to defend actions under the Convention

In applying for an increase under the template, you confirm that under the existing limit you have

Work covered by template

We will allow an increase to £500 to enable you to do all the work necessary to apply for legal aid.

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6. Appeals

In applying for an increase under the template, you confirm that under the existing limit you have

We will allow an increase to £500 to cover applying for legal aid for an appeal. For such an application for legal aid we need –

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7. Child Support Agency and the Child Support Act 1991 – appeal to the Child Support Commissioner

In applying for an increase under the template, you confirm that under the existing limit

Work covered by template

We will allow an increase to £500 for the following work

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8. Applying for civil legal aid – where no other template applies

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will allow an increase to £500 to enable you to do all the work necessary to apply for legal aid.

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9. Criminal injuries compensation – appeals

You may make a fresh grant of advice and assistance to cover any work to be carried out on an appeal against a decision of the Criminal Injuries Compensation Authority (CICA).

In applying for an increase under the template, you confirm that under the initial limit you have

 

Work covered by template

We will grant an increase to £300 to do the following work:

Additional work covered by template

Standard additional work item

 

  • B Reports, including medical reports.

£350

 

Additional work item

 

  • If the reports will cost more than this, you should give us full details.

 

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Crofting

10. Resumption of crofting land

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will consider if any proposed step in relation to bringing land back into crofting is reasonable. We will grant an increase to £720 for

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11. Access rights

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

In an access rights and servitude dispute, we will grant an increase to £400 for

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12. Rights to purchase crofts

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an initial increase to £400 to

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13. Acquisition by cottar of holding

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an initial increase to £350 for investigations into disputes about whether the person on a holding is a cottar or not.

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14 Crofting land

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an increase to £400 for

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15. Decrofting applications

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an increase to £350 for you to

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16. Apportionment of common grazings

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an increase to £500 for

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17. Succession to crofts

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an increase to £450 for

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18. Bad husbandry

In applying for an increase under the template, you confirm that under the initial limit you have

Work covered by template

We will grant an increase to £350 for getting the view of an expert in agriculture on whether the standard of care and maintenance was adequate.

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19. Curators ad litem

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

If the curator chooses to enter the process, we will grant an increase to £500 for you to do all the work necessary to apply for legal aid.

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Divorce, dissolution of civil partnership and family matters

20. Family (divorce/dissolution of civil partnership) – financial assets over £50,000, and issues to resolve involving children of the relationship

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase in authorised expenditure to £2,100 to cover the following further work:

Standard additional work item

 

  • C - Valuation of the matrimonial or civil partnership home, to include instructing the report, paying half the cost of the valuation and considering the terms of the report. 

£250

  • D - Where the negotiations involve reaching agreement on pension splitting – instructing a report from an Independent Financial Adviser, paying the IFA and considering the terms of the report. 

£300

  • H - If it appears the case would be suitable for mediation – half the cost of the mediation.

£400

  • I - Applying for civil legal aid

£300

 

Additional work item

 

  • We will consider a higher figure where the expert reports are likely to cost more than this. 

 

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21. Family (divorce/dissolution of civil partnership) – financial assets over £50,000

In applying for an increase under the template, you confirm that under the initial limit

Work covered under template

We will grant an increase in authorised expenditure to £1,800 to cover the following further work:

Additional work covered by template

Standard additional work item

 

  • C - Valuation of the matrimonial or civil partnership home, to include instructing the report, paying half the cost of the valuation and considering the terms of the report. 

£250

  • D - Where the negotiations involve reaching agreement on pension splitting – instructing a report from an Independent Financial Adviser, paying the IFA and considering the terms of the report. 

£300

  •  I - Applying for civil legal aid

£300

Additional work item

 

  • We will consider a higher figure where the expert reports are likely to cost more than this. 

 

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22. Family (divorce/ dissolution of civil partnership) – financial assets of £50,000 or less and issues to resolve involving children of the relationship

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase in authorised expenditure to £1,200 to cover:

Additional work covered by template

Standard additional work item

 

  • H - If it appears the case would be suitable for mediation – half the cost of the mediation.

£400

  •  I - Applying for civil legal aid

£300

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23. Family (divorce/ dissolution of civil partnership) – financial assets of £50,000 or less and no issues to resolve involving children of the relationship

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase in authorised expenditure to £800 to cover:

Additional work covered by template

Standard additional work item

 

  • H - If it appears the case would be suitable for mediation – half the cost of the mediation.

£400

  • I - Applying for civil legal aid

£300


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24. Contact and residence

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase in authorised expenditure to £600 to cover:

Additional work covered by template

Standard additional work item

 

  • B - Medical or other reports

£350

  • H - If it appears the case would be suitable for mediation – half the cost of the mediation.

 

£400

  •  I - Applying for civil legal aid to apply to the court for an order, including getting a statement from the applicant showing the welfare arrangements for the child and a corroborating statement.

 

£300

 

Additional work item

 

  •  If the medical reports will cost more than the standard amount, you should give us full details. 

 

  •  Preparing and registering in the Books of Council and Session a written agreement between father and mother to give father rights and responsibilities. 

 

£400


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Minutes of agreement

25. Stage 1 – negotiations

In applying for an increase under the stage 1 template, you confirm that under the initial limit

Work covered by the template

We will grant an initial increase to £500 to begin negotiations. We may grant an increase to more than £500 for further negotiations if it appears the negotiations may be helping to resolve matters and may avoid the need for lengthy court proceedings. If you wish to apply for this larger increase, you should include this in questions 3 and 4 of the form, relating to additional work.

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26. Stage 2 – drafting, adjusting and registering minute of agreement

In applying for an increase under the stage 2 template, you confirm that under the existing limit

Work covered by stage 2 template

We will grant a further increase of £500, once terms of agreement are reached, to draft and adjust the minute of agreement and have it signed and registered.

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27. Stage 3 – implementation and enforcement

In applying for an increase under the stage 3 template, you confirm that under the existing limit

Work covered by stage 3 template

Once the minute of agreement has been registered, we will grant a further increase of £500 to implement it – for example, transferring assets such as insurance policies, payment of capital.

Additional work covered by stage 3 template

Additional work item

 

  • Enforcement of the terms of the agreement, for example, arrestment of wages. 

£300

  •  Negotiating a variation to the agreement.

£500

  • We will consider requests for subsequent increases to draft a supplementary agreement.

 


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28. Adoption

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to

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29. Declarator of parentage

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to

Additional work covered by template

Additional work item

 

  •  One half of DNA tests, with the other half being met by the other party, where
  • the applicant appears to have good grounds for asking for the tests to be carried out and
  • there is a reasonable prospect that the outcome of the tests will avoid the need for court proceedings.

 

 

 

£450

  •  If the other party refuses to share the costs, we will give consideration to increase to cover the total costs.  Any increase should also include the fees payable to a GP for taking the blood sample.

 

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30. Assumption of parental rights or responsibilities

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to apply for legal aid to –

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31. Aliment

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase in authorised expenditure to £550 to cover the following work:

Additional work covered by the template

Additional work item

 

Trying to get arrears of aliment paid – to cover the cost of

  • instructing sheriff officers to get diligence, by arresting a bank account, an earnings-related arrestment or by serving a charge, and
  • if the period of the charge expires, instructing them to poind.

 

 

 

£300

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Employment tribunals

For detailed guidance on advice and assistance and ABWOR for employment tribunals, refer to paragraphs 5.64 to 5.70.

32. Advice and assistance only – stage 1 template

In applying for an increase under the stage 1 template, you confirm that under the initial limit

Work covered by the stage 1 template

We will grant an increase to £300 for advice and assistance given before applying for ABWOR, to:

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33. Stage 2 – ABWOR template

In applying for an increase under the stage 2 template, you confirm that under the existing limit

Work covered by the stage 2 template

We will grant an increase to £1,800 if you need to:

Additional work covered by the template

Additional work item

 

Where discrimination is an issue, drafting questionnaires, submitting them to the respondent and examining their responses.

£500

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34. European agreement on the transmission of applications for legal aid

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to

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35. Failure to obtemper court orders

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to get –

and to do all the work necessary to apply for legal aid.

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36. Fatal Accident Inquiries

Advice and assistance cannot be used for representation at a Fatal Accident Inquiry. Civil legal aid is available for these proceedings.

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

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37. Guardianship

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

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Housing

38. Housing benefit

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £250 for the following work:

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39. Appeal against decision of the Independent Appeal Service

In applying for an increase under the template, you confirm that under the existing limit

Work covered by the template

We will grant an increase of £500 to do the following work:

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40. Eviction

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £550 to do the following work:

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41. Dampness and housing repair claims

In applying for an increase under the template, you confirm that under the initial limit

and that the value of the claim is more than the small claims limit.

Work covered by the template

We will grant an increase to £500 to cover:

Additional work covered by the template

Standard additional work item

 

  • B - Medical report

£350

  • E - Architect’s report

£400


NOTE
This section was amended in January 2008 to take into account the new small claims limit

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Interdict

42. Interdict against abuse

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £550 where you need to do the following further work:

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43. Other interdicts

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 where you need to do the following further work:

Additional work covered by the template

Standard additional work item

 

  • B - Instructing, getting and reading a medical report

£350

  • F - Instructing, getting and reading a technical report

£300

Additional work item

 

  • Getting and reading copy title deeds

£100

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44. Breach of interdict

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to enable you to get –

and to do all the work necessary to apply for legal aid.

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45. Judicial review (including judicial review of Board decisions)

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £500 to allow you to do all the work necessary to apply for legal aid to petition for judicial review.

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Mental Health (Care and Treatment) (Scotland) Act 2003

46. First increase

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £1,500 to get

You will need to tell us:

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47. Second increase

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase of £500 to cover

NOTE
Templates 46 and 47 amended in December 2009 by replacing references to “compulsory treatment orders” with “orders”.

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48. Naturalisation as a British citizen

In applying for an increase under the template, you confirm that under the initial limit you have carried out the following work:

Work covered by template

We will grant an increase to £220 for the following work

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49. Non-harassment orders

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £500 to enable you to get –

and to do all the work necessary to apply for legal aid.

Additional work covered by template

Standard additional work item

 

  • A – GP medical reports 

£150

  • G - Police reports

£150


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50. Payment actions

In applying for an increase under the template, you confirm that under the initial limit

and that the value of the claim is more than the small claims limit.

Work covered by template

We will grant an increase to £500 to enable you to get

and to do all the work necessary to apply for legal aid.

NOTE
This section was amended in January 2008 to take into account the new small claims limit

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51. Recovery of heritable property (mortgage rights)

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £550 to cover the following work:

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Reparation


Many reparation cases will fall into the categories shown below.

If you need to do work that does not come into these categories, you should refer to paragraph 5.97 and the sections on specific types of case.

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52. Personal injuries – claim for damages between £3,000 and £10,000

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £750 if you need to do the following further work:

NOTE
This section was amended in January 2008 to take into account the new small claims limit

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53. Personal injuries – claim for damages exceeding £10,000

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £1,200 if you need to do the following further work:

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Medical negligence

54. First report

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £2,500 if you need to do the following further work for a first report:

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55. Second report

In applying for an increase under the second report template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £1,000 to do the following work:

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56. Third stage

In applying for an increase under the third stage template, you confirm that under the initial limit

Work covered by template

We will grant an increase to £350 for the following work:

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57. Sexual offence prevention order

In applying for an increase under the template, you confirm that under the initial limit

Work covered by template

In cases where the applicant is defending the case, we will grant an increase to £500 to cover

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Social security

58. Department for Work and Pensions decision

This template also covers a decision by a council for housing or council tax benefit.

In applying for an increase under the template, you confirm that under the initial limit

Work covered by the template

We will grant an increase to £400 to cover the following work:

Additional work covered by template

Standard additional work item

 

  •  A – GP medical report

£150

  • B - Reports, including medical reports.

£350

 

Additional work item

 

  • If the reports will cost more than this, you should give us full details.

 

NOTE
GP medical report added as standard additional work item August 2007


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