Clawback: our right to recover sums paid out of the Fund from the applicant

The Advice and Assistance (Scotland) Amendment (No.3) Regulations 2004, S.S.I. No. 492, provide that, where we have paid your account for fees and outlays for advice and assistance under Regulation 16(3)(b), we have the power to recover any expenses or property recovered or preserved by the client and to reimburse the Fund. We can seek payment from your client if they are to recover or preserve property at a later date.

After we have made payment of your account under regulation 16(3)(b):

  • the applicant has the option to repay the sums due to us at that stage and repayment can be made by instalments;
  • the applicant should keep us informed of any payments they receive in respect of the recovery/preservation made and they should contact us to advise of any change of address;
  • if the recovery/preservation made by the applicant is the transfer of property or capital from the sale of a property, you should keep us informed of any progress if you are acting in the sale or transfer.
Review of our refusal under regulation 16(3)(a) or (b)

In this section

A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions

Read an introduction to the issue of property recovered and preserved in civil A&A.

A&A - clawback and regulation 16(3)

Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment

Find out about the different sources you should look to for payment of your account and their hierarchy.

A&A - clawback and regulation 16(3)

Our definition of property recovered or preserved (advice and assistance)

Learn our definition of property recovered or preserved in advice and assistance, and find various examples.

A&A - clawback and regulation 16(3)

Property recovered or preserved where your client received both A&A and civil legal aid

Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.

A&A - clawback and regulation 16(3)

Hardship applications: grave hardship or distress to client or unreasonable difficulty or delay recovering the money - Reg. 16(3)

Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.

A&A - clawback and regulation 16(3)

Client hardship applications: Regulation 16(3)(a)

Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.

A&A - clawback and regulation 16(3)

Solicitor hardship applications: difficulty or delay in recovering from the applicant

Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.

A&A - clawback and regulation 16(3)

Clawback and transfers of agency

Find out about the payment implications of transfers of agency in cases where clawback may be an issue.

A&A - clawback and regulation 16(3)

Review of our refusal under regulation 16(3)(a) or (b)

Find out about how you can appeal a hardship refusal.