Financial eligibility tests for ABWOR: case type exemptions

To be eligible for ABWOR, your client must also be eligible for advice and assistance.  Advice and assistance may be granted for the sole purpose of providing ABWOR, or ABWOR may be provided at a later stage.

The financial eligibility test does not apply and no contribution is payable by your client in connection with ABWOR for:

  • Proceedings before the Mental Health Tribunal for Scotland
  • A custody appearance under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and section 5 of the Protection from Abuse Scotland) Act 2001
  • Recovery proceedings
  • Appeal proceedings under section 8 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

These proceedings are referred to as “prescribed proceedings”– please see regulation 9 of the Advice and Assistance (ABWOR)(Scotland) Regulations 2003.

Proceedings requiring our prior approval before granting ABWOR
Your responsibility to decide on your client’s eligibility for ABWOR

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

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

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

View a list of the legislation where property recovered or preserved in Upper Tribunal proceedings is exempt.

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)