Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings

Any property recovered or preserved for your client in respect of advice and assistance or ABWOR in connection with proceedings before the Upper Tribunal is exempt [Regulation 16 Advice & Assistance (Scotland) Regulations 1996].

Your right to prior payment of fees and outlays [Section 12 Legal Aid (Scotland) Act 1986] does not apply to any money paid in connection with proceedings before the Upper Tribunal, consisting of an appeal made under or by virtue of:

  • Any of sections 1 to 5A of the Pensions Appeal Tribunal Act 1943 by a Pensions Appeal Tribunal or the First-tier Tribunal;
  • Section 4 of the Vaccine Damage Payments Act 1979;
  • Section 20 of the Child Support Act 1991;
  • Section 12 of the Social Security (Recovery of Benefits) Act 1997;
  • Section 12 or 13 of the Social Security Act 1998;
  • Paragraph 6 or 7 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;
  • Section 39 of, or paragraph 3 of Schedule 2 to, the Tax Credits Act 2002;
  • Section 158 of the Health and Social Care (Community Health and Standards) Act 2003;
  • Section 23 of the Child Trust Funds Act 2004;
  • Section 50 of the Child Maintenance and Other Payments Act 2008.
Civil ABWOR: the limit of authorised expenditure
Determination: cover for representation before the First-tier Tribunal (Asylum Support)

In this section

ABWOR in civil proceedings

The scope and availability of ABWOR in civil proceedings

Find out what the scope and availability of ABWOR and what proceedings it is available for.

ABWOR in civil proceedings

Proceedings requiring our prior approval before granting ABWOR

Learn which proceedings you need our prior approval to provide ABWOR to your client.

ABWOR in civil proceedings

Financial eligibility tests for ABWOR: case type exemptions

Find out where exemptions apply for ABWOR.

ABWOR in civil proceedings

Your responsibility to decide on your client’s eligibility for ABWOR

Read about your responsibilities when assessing your client’s eligibility for ABWOR.

ABWOR in civil proceedings

Requirement for our prior approval for certain ABWOR cases: tests applied

View the tests you will need to satisfy to obtain our prior approval to provide ABWOR to your client in certain proceedings.

ABWOR in civil proceedings

Civil ABWOR: the limit of authorised expenditure

View the amount of authorised expenditure initially available for ABWOR and how to increase this.

ABWOR in civil proceedings

Determination: cover for representation before the First-tier Tribunal (Asylum Support)

A determination in terms of s4(2)(c) of Legal Aid (Scotland) Act 1986 allows for representation before the First-tier Tribunal (Asylum Support)