Our power to amend assessment

In terms of Regulation 28(2) of the Children’s Legal Assistance (Scotland) Regulations 2013, we may correct any mistake that has been made in assessing disposable income, disposable capital or maximum contribution, if we are satisfied it would be just and equitable to do so.  Any consequent amended assessment will take effect for all purposes as if it was the original assessment.

Apart from cases where there has been an error, we may reassess disposable income, disposable capital and maximum contribution, if there has been enough change in your client’s financial circumstances to justify this.  Regulation 28(2) of the 2013 Regulations specifies the extent to which circumstances must have changed before we may carry out a reassessment.

We will carry out a reassessment if:

• Your client’s overall disposable income increases by £750 per annum or more, or decreases by £300 per annum or more, during the life of the case (even where legal aid may have been terminated beforehand or the case concluded)
• Your client’s capital increases by £750 or more, during the life of the case (even where legal aid may have been terminated beforehand).

We can only reassess capital if it has increased by £750 or more.  We cannot amend our assessment to take account of a reduction in capital.

If your client realises that their circumstances were actually different during the month prior to the application being made, they should contact us to give us all the information we need for a redetermination.

The financial limits specified in regulation 28(2) are expressed on an annual basis and should therefore be divided by twelve before being applied to your client’s disposable income. The figure for capital applies to the total capital held as at the date of application.