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Children's Keycard


About the Keycard

This Keycard sets out the various eligibility limits and contributions in children’s advice and assistance and children’s legal aid in force from 3 April 2017. It should be used only where the advice or representation is being given about proceedings under the Children’s Hearings Act (Scotland) Act 2011.

For more guidance on eligibility, contributions and clawback, please refer to the Legal Assistance Handbooks.

This page contains the keycard information for:

 

You can also download this keycard as a PDF.

 

Definitions used in the keycard

 

Advice and Assistance

 

Assessing eligibility

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, an income-related employment and support allowance or income- based jobseeker’s allowance).

 

Assessing eligibility on capital

Disposable capital – from 3rd April 2017

£1,716 maximum eligibility

 

Assessing eligibility on income

 

Children's legal aid

Eligibility limits

To do work as a matter of special urgency under regulation 18, you have to complete the online declaration which is designed to assist you to assess your client’s financial eligibility. The online declaration, CHLA/LAO 2011 ACT, can be found online here. To complete the form you may need to apply the current eligibility limits and allowances, which are:

 

Clients' contributions

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.

Contributions in children’s legal aid will be calculated by SLAB 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 S98,S99,S160 S101,S110,S154,S161,S162,S166,S48 S163, S164, S165, S167
Average duration 4 weeks 12 weeks 24 weeks
Weekly disposable income £100

Contribution is £25.60


Calculation:
£100-£68 = £32 (£32@20%x4)

Contribution is £57.60


Calculation: (£32@15%x12)

Contribution is
£76.80


Calculation: (£32@10%x24)

Weekly disposable income £130

Contribution is £73.60


Calculation: £25.60 + (£30@40%x4)

Contribution is
£147.60


Calculation:
£57.60 + (£30@25%x12)

Contribution is
£220.80


Calculation: £76.80
+ (£30@20%x24)

Weekly disposable income £160

Contribution is
£139.60


Calculation: £73.60 + (£30@55%x4)

Contribution is
£309.60


Calculation:
£147.60 + (£30@45%x12)

Contribution is
£436.80


Calculation:
£220.80 + (£30@30%x24)

Weekly disposable income £222

Contribution is
£313.20


Calculation: £139.60 + (£62@70%x4)

Contribution is
£808.08


Calculation:
£309.60 + (£62@67%x12)

Contribution is
£1032.00


Calculation:
£436.80 + (£62@40%x24)

We have noted the various sections of the Children’s Hearings (Scotland) Act 2011 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 and 160 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.

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 and 160, 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:-

  1. The applicant and any partner’s (if appropriate) actual disposable income.
  2. Which section of the 2011 Act applies to the proceedings.

The table below illustrates how we will calculate the contribution:

Proceedings S98, S99, S160  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
 

Step 2: Multiply balance x 20% x 4 = Contribution (Answer A)

 

Example disposable income of £100


Step 1: £100 - £68.00
 

Step 2: Multiply balance x 15% x 12 =
Contribution (Answer A)

 

Example disposable income of £100


Step 1: £100 - £68.00
 

Step 2: Multiply balance x 10% x 24 =
Contribution (Answer A)

 

 £101-130

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x 40% x 4 = Answer B
 

Step 3: Contribution = Answer A + Answer B

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x
25% x 12 = Answer B

Step 3: Contribution = Answer A + Answer B

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x
20% x 24 = Answer B

Step 3: Contribution = Answer A + Answer B

 £131-160

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x 55% x 4 = Answer C
 

Step 3: Contribution = Answer B + Answer C

 

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x 45% x 12 = Answer C

Step 3: Contribution = Answer B + Answer C

 

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x
30% x 24 = Answer C

Step 3: Contribution = Answer B + Answer C

 

 £161-222

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x70% x4 = Answer D
 

Step 3: Contribution = Answer C + Answer D

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x67% x12 = Answer D 

Step 3: Contribution = Answer C
+ Answer D

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x40% x24 = Answer D

Step 3: Contribution = Answer C
+ Answer D

 

 



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