https://www.slab.org.uk/guidance/adults-with-incapacity-scotland-act-2000-modified-financial-assessment-process/
https://www.slab.org.uk/guidance/adults-with-incapacity-scotland-act-2000-modified-financial-assessment-process/
When submitting an application in relation orders under the Adults with Incapacity (Scotland) Act 2000, it is important to first establish the correct category code.
If the application to the sheriff relates to an order listed under Regulation 13A (1) and that order relates to the personal welfare of the adult with incapacity, then in accordance with Regulation 13A (2) your client will automatically be found financially eligible for legal aid with no contribution due.
In these circumstances you should select category code AISAW and you do not need to send any of the financial eligibility forms.
If Regulation 13A (1) is not applicable you should select category code AISA.
We have an obligation in accordance with Regulation 14(3) to determine your client’s financial eligibility based on the resources of the Adult with Incapacity.
If the Adult is in receipt of a passporting benefit you can complete the online Form 1.
If they are not in receipt of a passporting benefit then the Financial Eligibility Form 2 will need to be submitted declaring the Adult’s resources.
If your client has little knowledge of the Adult’s resources they should complete the form declaring what information is known.
If your client has no knowledge of the Adult’s resources then a full explanation should be sent to us explaining why and what attempts if any have been made to obtain such information and/or evidence to allow us to consider matters further.