Table of fees

We have created a dedicated legal aid fees page to allow you to easily access the table of fees you need.

This information is still also contained in the relevant legislation and regulations but we have duplicated it on a dedicated page following your feedback.

 

TOOL: A&A increases and templates guide

In this section

Increases for different types of case under A&A and ABWOR

TOOL: A&A increases and templates guide

Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.

Availability of advice and assistance

Definition of advice and assistance

Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.

Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A

Availability of advice and assistance

Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.    

Availability of advice and assistance

The role of unqualified persons in the provision of advice and assistance

Read about the potential roles of unqualified persons in the provision of advice and assistance and what tasks they can undertake.

Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.     

Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to advice and assistance.    

Advice and Assistance application procedures

Completing the advice and assistance application form

Find out about the process for completing a civil Advice and Assistance application, including what you need to tell, how, and when.

Advice and Assistance application procedures

Advice and assistance and the assessment of financial eligibility

Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.

Advice and Assistance application procedures

Financial eligibility of children for advice and assistance (non-criminal matters)

Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.

Advice and Assistance application procedures

Advice and assistance for reciprocal enforcement of maintenance orders: special eligibility arrangements

Information about special arrangements for client eligibility for A&A under Reciprocal Enforcement orders

Advice and Assistance application procedures

Financial eligibility for advice and assistance: evidence you must supply

Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.

Advice and Assistance application procedures

Advice and assistance applications: the applicant’s declaration

Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.

Advice and Assistance application procedures

Telephone grants of advice and assistance

Information on when clients may be admitted to Civil Advice and Assistance over the telephone.

Advice and Assistance application procedures

Granting advice and assistance: timescales for notifying us

Find out about the timescale for submitting a Civil Advice and Assistance application and late notifications.

Advice and Assistance application procedures

Identifying case types where A&A is appropriate: distinct and reasonably ancillary matters

Read about how to determine if you need to make a fresh grant of Civil A&A and distinct and ‘reasonably ancillary’ matters across various case types.

Advice and Assistance application procedures

Advice and assistance and the basic limits of expenditure: which level applies?

What initial authorised expenditure limit applies to a grant of A&A in various circumstances?

Advice and Assistance application procedures

Authority to exceed the initial expenditure limit for advice and assistance: template increases

Read about the process for gaining authority to exceed the initial limit of expenditure: the use of templates for increases in certain cases.

Advice and Assistance application procedures

Advice and assistance: non-templated increases

This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.

Advice and Assistance application procedures

Providing advice and assistance to children

Read about provision of A&A to children, including who may apply on a child’s behalf, and your role in assessing a child’s ability to instruct.

Advice and Assistance application procedures

Advice and assistance and changes of nominated solicitor

Read about arrangements for changes of nominated solicitor in A&A, including criteria we apply to requests, and procedure for changes or transfers.

Advice and Assistance application procedures

Second solicitor giving advice and assistance on the same matter: prior authority required

Learn about the criteria that must be met for us to give our approval for a second solicitor to give advice and assistance on the same matter.

Advice and Assistance application procedures

Procedure for withdrawing from giving advice and assistance

Find out what you need to do if you wish to withdraw from providing Civil Advice and Assistance

Advice and Assistance application procedures

Private client charging after a grant of advice and assistance has ended: what you must do

Find out about arrangements for charging a client after a grant of A&A has ended, and what you must make sure the client agrees to.

Advice and Assistance application procedures

Rule on the simultaneous provision of A&A and civil legal aid

This page sets out the prohibition on the simultaneous provision of A&A and civil legal aid

Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for civil advice and assistance: an introduction

An introduction to the financial verification required for Civil Advice and Assistance.

Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for advice and assistance: general principles

View the general principles behind financial verification requirements for Civil Advice and Assistance.  

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance eligibility and financial verification: your client’s responsibilities and what they should be aware of

View the responsibilities of your client and what they should understand in regard to Civil Advice and Assistance and financial verification.

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of capital

Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of income

Learn more on the assessment of income when determining eligibility for Civil Advice and Assistance.

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available

Read about our position in relation to cases where no documentary evidence of eligibility is immediately available for financial verification.

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

Learn how to aggregate partner’s resources in prisoner cases for financial verification in civil A&A.

Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification: required age of documentary evidence

Read about the age of the documentary evidence required for civil advice and assistance.

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

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.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

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)

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for mediation

Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.

Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.