https://www.slab.org.uk/solicitors/other-resources/key-cards/childrens-keycard/
https://www.slab.org.uk/solicitors/other-resources/key-cards/childrens-keycard/
This Keycard sets out the various eligibility limits, contributions and disregards in children’s advice and assistance and children’s legal aid in force from 7 April 2025. It should be used only where the advice or representation is being given about proceedings under the Children’s Hearings (Scotland) Act 2011 or Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (any other parts of the 2019 Act are covered by civil legal assistance).
There are also separate Keycards for:
During the course of this year there may be further updates and changes to this Keycard.
For more information on eligibility and contributions, please refer to our guidance on Children’s Legal Assistance.
You can also download this keycard as a PDF.
Last updated: 7 April 2025
In this Keycard, the word “partner” means someone the applicant normally lives with as a couple, whether or not they are married and of the same or different sex.
The resources of the applicant’s spouse or partner must be included in the assessment of the applicant’s eligibility unless:
Further information and guidance on these aspects of aggregation of partners’ resources, can be found in the Advice and Assistance guidance on our website.
For children’s hearing’s proceedings and related court hearings, the definition of “a child” given in the Children’s Legal Assistance (Scotland) (Miscellaneous Amendment) Regulations 2013 is that given in section 199 of the Children’s Hearings (Scotland) Act 2011.
For Part 4 Proceedings under the Age of Criminal Responsibility (Scotland ) Act 2019 , section 80 states that a “child” means a person who is under 16 years of age (except where provided otherwise: see section 39(3)).
If the applicant is a child in terms of the above definitions for the 2011 and 2019 Acts and is, in your view, capable of giving instructions and receiving advice, the resources to be taken into account are those of the child only. In Children’s Legal Assistance, the resources of a child are not aggregated with those of any person owing an obligation of aliment to the child.
A client’s income and capital must be within the current financial limits to qualify for advice and assistance.
We recommend you assess their disposable capital before assessing income, since if they do not qualify on capital, they are ineligible for advice and assistance – even if they receive “passport” benefits (that is, Income Support, income-related employment and support allowance, income-based jobseeker’s allowance or Universal Credit).
£1,716 maximum for eligibility
A person whose disposable capital exceeds the capital limit of £1,716 is not eligible for advice and assistance, whatever their disposable income or eligibility for a passport benefit.
To calculate disposable capital, you should:
Capital means savings and anything else of value the client and their partner, if appropriate, own. This excludes the client’s main residence.
Examples of capital include:
You should not include in capital:
In addition, you should not include any of the following payments and benefits as capital, but where benefits have been accumulated by your client as savings, they should then be assessed as capital in the normal way:
Do not assume that an applicant has no capital when they are in receipt of benefits – in certain circumstances a person can have up to £16,000 in capital and still receive benefits.
Standard allowances against capital are deductible for the following persons living with the applicant:
| For the first dependant | £335 |
| For the second such dependant | £200 |
| For each other such dependant | £100 |
No allowances should be made for any children where the applicant receives Foster Care Allowance or Kinship Carers’ Allowance.
Where the applicant or their partner is of pensionable age (60 or over in all cases), with a weekly disposable income (excluding investment income and any of the disregarded benefits listed above) below £105, you should disregard capital as follows:
| Weekly disposable income up to £10 | Disregard £25,000 |
| Weekly disposable income £11 - £22 | Disregard £20,000 |
| Weekly disposable income £23 - £34 | Disregard £15,000 |
| Weekly disposable income £35 - £46 | Disregard £10,000 |
| Weekly disposable income £47 - £105 | Disregard £5,000 |
Applicant of a pensionable age, with no dependants, capital of £21,500 and a weekly disposable income of £20 is entitled to a disregard of £20,000. This leaves them with Disposable Capital of £1,500, which is below the eligibility limit of £1,716 so they are financially eligible for advice and assistance.
Applicant of pensionable age, with no dependants, capital of £25,000 and a weekly disposable income of £20 is entitled to a disregard of £20,000. This leaves them with Disposable Capital of £5,000 which exceeds the eligibility limit of £1,716 so they are not eligible for advice and assistance.
£245 a week maximum for eligibility
A person whose disposable income exceeds the income limit of £245 a week is not eligible for advice and assistance, whatever their disposable capital, unless they receive a passport benefit (Universal Credit, Income Support, an income-related employment and support allowance or income-based jobseeker’s allowance).
“Income” means the total income, from all sources, which the client and their partner received or became entitled to during or in respect of the seven days up to and including the date of the application.
To calculate eligibility on income, you should:
When calculating monthly income, multiply it by 12 and then divide by 52 to work out the weekly figure.
To make assessment easier, round the figure up or down to the nearest pound.
If the client or their partner receives a passport benefit:
they qualify automatically on income for advice and assistance and will not have to pay a contribution. However, you must still assess your client’s disposable capital.
We will verify a client’s receipt of one of the passporting benefits named above with the Department of Work and Pensions (DWP). To assist us in doing so, we have provided some information about what is required.
Please do not provide two surnames like “Smith or Jones”. Our automatic link with the DWP will not be able to confirm the benefits where two names are provided.
Please check the spelling of the name, for example McDonald or MacDonald. Again, the DWP automatic link will not confirm passport benefits where the name is spelt incorrectly.
Remember, if benefits are claimed in the name of the applicant’s partner, we also need the partner’s details (forename, surname, date of birth and National Insurance number) for the DWP check.
Our link with the DWP only checks the position with passport benefits. Many solicitors state “SLAB link to check” on cases where the applicant is not in receipt of a passport benefit. We are not able to check these cases. Tax credits cannot be verified by the automatic DWP link – working tax credits and child tax credits are awarded by HMRC.
Always make sure that passport benefits (Income support, Job Seeker’s Allowance, Employment and Support Allowance, and Universal Credit) are entered in the correct place to allow the automatic link to check these with the DWP. Do not enter these benefits as “Other benefits” as this will not be checked with the DWP, and we will come back and ask you to confirm what verification you have seen.
You must include:
Various benefits which the client may receive are disregarded in the financial assessment.
Do not include any of the following payments:
Provided the child is, in your opinion, capable of giving instruction and receiving advice the resources of the child only should be taken into account. You do not need to aggregate the resource of any person owing an obligation of aliment to a child when assessing financial eligibility for children’s advice and assistance and ABWOR.
You should deduct the following standard allowances against income for the maintenance of:
| Partner living with the applicant. | £52.60 |
| Any dependent person, adult (other than partner) or Child, who is wholly or substantially maintained, being a member of the applicant’s household. Do not make an allowance for any child for whom Foster care or Kinship care allowance is paid. | £84.66 |
| Disposable income range | Maximum contribution |
| Disposable Income not exceeding £105 | £0 |
| Exceeding £105 but not exceeding £112 a week | £7 |
| Exceeding £112 but not exceeding £119 a week | £14 |
| Exceeding £119 but not exceeding £126 a week | £21 |
| Exceeding £126 but not exceeding £133 a week | £28 |
| Exceeding £133 but not exceeding £140 a week | £35 |
| Exceeding £140 but not exceeding £147 a week | £42 |
| Exceeding £147 but not exceeding £154 a week | £49 |
| Exceeding £154 but not exceeding £161 a week | £56 |
| Exceeding £161 but not exceeding £168 a week | £63 |
| Exceeding £168 but not exceeding £175 a week | £70 |
| Exceeding £175 but not exceeding £182 a week | £77 |
| Exceeding £182 but not exceeding £189 a week | £84 |
| Exceeding £189 but not exceeding £196 a week | £91 |
| Exceeding £196 but not exceeding £203 a week | £98 |
| Exceeding £203 but not exceeding £210 a week | £105 |
| Exceeding £210 but not exceeding £217 a week | £112 |
| Exceeding £217 but not exceeding £224 a week | £119 |
| Exceeding £224 but not exceeding £231 a week | £126 |
| Exceeding £231 but not exceeding £245 a week | £135 |
Children’s advice and assistance
£135 is the initial limit of authorised expenditure for children’s advice and assistance.
An increase in authorised expenditure is only effective from the date we grant it.
We cannot authorise increases retrospectively and if you do any work not covered by the authorised expenditure at any given time, we cannot pay for it.
For ABWOR granted for proceedings under the Children’s Hearings (Scotland) Act 2011, the financial eligibility criteria and contributions are the same as in advice and assistance. The initial level of authorised expenditure where you or we grant ABWOR is always £135.
For ABWOR granted for Part 4 Orders under the Age of Responsibility (Scotland) Act 2019, the initial level of authorised expenditure is £500.
If you have previously granted Children’s advice and assistance for advice in relation to the same proceedings then you will already have established the client’s eligibility and any contributions payable. There is no need for a separate grant of advice and assistance to apply for ABWOR for representation at the hearing. You can apply for ABWOR under the same grant of advice and assistance by applying an uplift to ABWOR and then an increase application for work proposed.
You are responsible for deciding if your clients are financially eligible for advice and assistance. You should refer to the regulations, this Keycard and the Advice and Assistance guidance on our website about assessing disposable income and capital.
If you apply the tests incorrectly, we can withhold or recover payments made to solicitors’ firms for work done under an incorrect grant of advice and assistance. Our guidance is designed to avoid the risk of making an incorrect grant.
Most clients should be able to give you documentary evidence of their financial position. When arranging an initial meeting with a solicitor, the client should be asked to bring documentary evidence of their capital and income with the proof of identity you need when signing up new clients, whether legally aided or not. This advice applies equally to repeat clients. It is not safe for you to assume that your client’s financial position has not changed since the last time you gave them advice.
It is expected that the following evidence is seen, and copies retained:
Keep a copy of the verification, or details as to how you satisfied yourself that the client was eligible on your file so that it can be seen by a quality assurance peer reviewer or a SLAB compliance auditor.
In Legal Aid Online, the available options include ‘bank statement’ and ‘wage slip’. Only use the ‘Other’ option if the document you have seen is not listed. Otherwise, it will delay your application because we need to check it.
Quite often we see ‘bank statements’ selected and then in the “Other” option something like “I have seen the client’s bank statement”. You don’t need to duplicate the information.
Where you have not seen a statement and you select the evidence option “Applicant has signed online declaration form” you should note in the file why it was not possible to see a statement(s) and what information your client gave about any capital savings they may have in those accounts.
The declaration is not to be used as an automatic substitute for seeing statements.
We appreciate that in some circumstances, clients may not have documentary evidence available when consulting a solicitor. For example:
Where they do not have access to documentary evidence, you may be satisfied from the limited information available, but you should then seek verification from the client at the earliest opportunity, and before seeking any increase in authorised expenditure.
If the client doesn’t provide evidence, you must show in your application that reasonable attempts have been made to contact them.
If the client is serving a sentence or on remand, and received no income during the previous seven days, you should enter their income as “Nil”, and at the question on how they are supported answer “Serving a sentence” or “On remand” as appropriate.
However, you must be clear that they did not receive any income during this seven day period, especially if they are paid monthly.
You must also ask them about any savings or other capital they could use to fund their case.
If you have been unable to see verification but have taken every possible step to obtain this, make sure you let us know about this.
You should also record details of this in your file.
You should let us know what steps have been taken, such as the number of letters and/or phone calls at the question ‘If you have not been able to obtain financial verification for income, please explain how you were satisfied that you could grant advice and assistance and what reasonable steps you took or are taking to obtain this information’.
The following are examples of the steps you can take:
At least two attempts to obtain proof are normally considered reasonable. For example, a verbal request followed by a request by email or two letters to the applicant would be sufficient.
If a request has been made, the applicant should be allowed at least 14 days to respond before a second request is intimated.
If your client tells you they have no income or capital, you should ask them why this is the case.
If they are not in custody or on remand, then why do they not have any income?
For example, have they applied for benefits, and these have not been awarded yet?
You need to be satisfied that there is a credible reason for having no income.
In the online application, you must tell us:
If the applicant has a bank account, you should obtain a bank statement from the client to confirm the position.
Again, if this is not provided by the client, make sure you tell us about the steps you have taken to obtain this.
Most of the population have bank accounts now, especially if they are earning wages or receiving benefits. If your client tells you that they don’t have a bank account, you should explore this further with them and ask them how they receive any wages or benefits payments they may receive.
You need to be satisfied that there is a credible reason for not having a bank account and you should note this on the application.
If the client has no capital, please do not say something like “cannot prove a nil”. Most applicants will have at least one bank account, especially if they own or rent their home, have any regular outgoings which are paid by standing order or direct debit or receive a salary or state benefits.
The balance(s) held in these accounts should be recorded in the application as capital savings. Where the account is a current account or the only account held by the applicant, any excess balance held in the account once all monthly standing orders and direct debits have deducted should be recorded. You can then select “Bank Statement” from the capital verification options as evidence seen.
You should select ‘Other’ from the capital verification options and then provide information about how you satisfied yourself that your client does not have any capital.
Similarly, if your client tells you that they don’t have a bank account, you should ask them how they receive any wages or benefits payments they may receive.
If you are happy with the explanation you receive, you should record this as a note in your file.
You should select ‘Other’ from the capital verification options and then provide information about how you satisfied yourself that your client does not have a bank account or any capital.
If your client tells you that they have no capital or savings and subsequently signs the declaration, you can use the signed declaration to verify that the applicant has no capital.
However, you can only state that you are relying on the signed declaration if your client has, in fact, signed the declaration.
If verification of capital is not available at the initial meeting, you should try to get this later.
You can then update us on what evidence you have seen, or in cases where you have been unable to obtain verification, the steps you have taken to obtain this by submitting a verification update.
Where your client has no capital, and you do not have a signed declaration, how you complete the online application will depend on whether she/he has a bank account.
Where there is a bank account, you should normally see a bank statement for the qualifying period to verify the capital position.
However, the following guidance should help you answer the online questions and submit the application where you have not seen verification, and you do not have a signed declaration.
I have seen the most recent evidence of the applicant’s capital – No
Awaiting Verification? Yes – submit the application and advise us later when verification is seen.
Awaiting Verification? No – add free text to explain why applicant cannot provide any verification. For example, if the client is in custody or in hospital, or you can explain the steps you have taken to get verification.
I have seen the most recent evidence of the applicant’s capital – No
Awaiting Verification? No – add free text to explain that the applicant has no bank account.
Where you are updating us on the verification you have now seen or advising what steps you have taken to obtain verification then you submit a verification update.
Please do not send this information via an online message.
If you cannot immediately get a signature from a client who is detained in custody, you should try to get the signature after the initial consultation where this is possible.
Further information on the declaration forms can be found in the Forms and Declarations section.
If you are instructed as a duty solicitor to represent the child in a Part 4 Order under the 2019 Act (including an onward appeal to the Sheriff Appeal Court) or at any one of the following four hearings under the 2011 Act:
then, automatic children’s legal aid is available to the child client, if that child is not already in receipt of ABWOR because they instructed their own solicitor of choice. If you are providing automatic legal aid to the child then no financial eligibility or merits tests require to be applied.
If you’re not acting as duty solicitor but have been instructed by the child as the child’s solicitor of choice then automatic children’s legal aid is not available. However you may grant ABWOR to your client for Part 4 Orders under the 2019 Act or at any one of the four hearings listed above without the need to apply the financial eligibility or merits tests.
To do work as a matter of special urgency under regulation 18, you have to complete the online declaration form which is designed to assist you to assess your client’s financial eligibility. The form, CHLA/LAO 2011 ACT can be found on our website by accessing the Forms and Declarations option. To complete the form you may need to apply the current eligibility limits and allowances - see next section "Disposable capital".
| The capital eligibility limit, on or below which a person will not have to pay a contribution | £7,405 |
If the applicant’s disposable capital exceeds £7,405 they can only be considered financially eligible if it can be shown that it would cause undue hardship if children’s legal aid is not granted. If the application is granted on these grounds the applicant will be expected to contribute the amount of capital they own which exceeds £7,405.
A person involved in the proceedings in terms of section 126 of the Children’s Hearings (Scotland) Act 2011 whose disposable capital exceeds £7,405 can only be granted children’s legal aid if it can be shown that not to do so would cause undue hardship to them or their dependants. If the application is granted on these grounds the applicant will be expected to contribute the amount of capital they own which exceeds £7,405.
Unlike advice and assistance there are no statutory allowances from capital for partners or dependants.
| The lower disposable income limit, on or below which a person will not have to pay a contribution from income | £68 per week |
| The upper disposable income limit, above which a person will be ineligible on income | £222 per week |
When calculating monthly income, multiply it by 12 and then divide by 52 to work out the weekly figure. To make assessment easier, round the figure up or down to the nearest pound.
If the client or their partner receives a passport benefit:
they qualify automatically on income for Children’s Legal Aid and will not have to pay a contribution. If they are in receipt of a passport benefit there is no requirement to assess the disposable capital.
You must include:
Various benefits which the client may receive are disregarded in the financial assessment. You should not include:
| Partner living with the applicant. | £52.60 |
| Any dependent person, adult (other than partner) or Child, who is wholly or substantially maintained, being a member of the applicant’s household. Do not make an allowance for any child for whom Foster care or Kinship care allowance is paid. | £84.66 |
If the applicant’s disposable income capital exceeds £222 per week, they can only be considered financially eligible if it can be shown that it would cause undue hardship if children’s legal aid is not granted. If the application is granted on these grounds the applicant will be expected to pay a contribution based on their actual disposable income.
A person involved in the proceedings in terms of section 126 of the Children’s Hearings (Scotland) Act 2011 whose disposable income exceeds £222 per week can only be granted children’s legal aid if it can be shown that not to do so would cause undue hardship to them or their dependents. If the application is granted on these grounds the applicant will be expected to pay a contribution based on their actual disposable income.
It is not required to aggregate the resources of any person who owes an obligation of aliment to the child, with that child’s resources in establishing financial eligibility in assessing financial eligibility for children’s legal aid.
Contributions in children’s legal aid are linked to the type of proceedings and are grouped in the table below according to the relevant section of the Children’s Hearings (Scotland) Act 2011 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019.
Contributions in children’s legal aid will be calculated by us but this table shows how contributions will be calculated using examples of weekly disposable income of £100, £130, £160 and £222.
| Type of proceedings under the Children’s Hearings (Sc) Act 2011 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019 |
S98,S99,S160 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019 | S101,S110,S154,S161,S162,S166,S48 | S163, S164, S165, S167 |
| Average duration | 4 weeks (See Note 1) | 12 weeks | 24 weeks |
| Weekly disposable income £100 | Contribution is £25.60
Calculation: |
Contribution is £57.60
Calculation: (£32@15%x12) |
Contribution is £76.80Calculation: (£32@10%x24) |
| Weekly disposable income £130 | Contribution is £73.60
Calculation: £25.60 + (£30@40%x4) |
Contribution is £147.60
Calculation: |
Contribution is £220.80
Calculation: £76.80 |
| Weekly disposable income £160 | Contribution is £139.60
Calculation: £73.60 + (£30@55%x4) |
Contribution is £309.60
Calculation: |
Contribution is £436.80Calculation: £220.80 + (£30@30%x24) |
| Weekly disposable income £222 | Contribution is £313.20
Calculation: £139.60 + (£62@70%x4) |
Contribution is £808.08
Calculation: |
Contribution is £1032.00Calculation: £436.80 + (£62@40%x24) |
We have noted the various sections of the Children’s Hearings (Scotland) Act 2011 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019 that govern proceedings in the top row. We have assigned average duration times to these cases, which are noted in the second row: sections 98, 99, 160 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019 cases have been assigned an average duration of 4 weeks; cases under sections 101, 110,154, 161,162, 166 and 48 have been assigned a duration of 12 weeks; and those under sections 163, 164, 165 and 167 have been assigned an average duration of 24 weeks.
Note 1: The average duration times for Part 4 Orders under the Age of Responsibility (Scotland) Act 2019 are yet to be determined.
The first column shows some average disposable incomes, £100, £130, £160 and the current maximum £222. The next column shows what the applicant’s contribution from the average disposable incomes used in the illustration will be if they are involved in proceedings under Sections 98, 99, 160 and Part 4 Orders under the Age of Responsibility (Scotland) Act 2019, the second column what they will pay if involved in proceedings under Section 101, 110, 154,161,162 166 and 48 and so on.
In order to calculate the contribution you need to know:
The table below illustrates how we will calculate the contribution:
| Proceedings | S98, S99, S160 & Part 4 Orders under the Age of Criminal Responsibility (Scotland) Act 2019 | S101, S110, S154, S161, S162, S166, S48 | S163, S164, S165, S167 |
| Disposable income of up to £100 | Example disposable income of £100
Step 1: £100 – £68.00
|
Example disposable income of £100
Step 1: £100 – £68.00
|
Example disposable income of £100
Step 1: £100 – £68.00
|
| £101-130 | Disposable income of £120
Step 1: £120 – £100 |
Disposable income of £120
Step 1: £120 – £100 Step 3: Contribution = Answer A + Answer B |
Disposable income of £120
Step 1: £120 – £100 Step 3: Contribution = Answer A + Answer B |
| £131-160 | Disposable income of £140
Step 1: £140 – £130 |
Disposable income of £140
Step 1: £140 – £130 |
Disposable income of £140
Step 1: £140 – £130 |
| £161-222 | Disposable income of £200Step 1: £200 – £160 Step 2: Multiply balance x70% x4 = Answer D Step 3: Contribution = Answer C + Answer D |
Disposable income of £200Step 1: £200 – £160 Step 2: Multiply balance x67% x12 = Answer DStep 3: Contribution = Answer C + Answer D |
Disposable income of £200Step 1: £200 – £160 Step 2: Multiply balance x40% x24 = Answer DStep 3: Contribution = Answer C + Answer D |