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Children's Keycard


About the Keycard

This Keycard sets out the various eligibility limits and contributions in children’s advice and assistance and children’s legal aid in force from 8 April 2019. It should be used only where the advice or representation is being given about proceedings under the Children’s Hearings Act (Scotland) Act 2011.

For more guidance on eligibility, contributions and clawback, please refer to the Legal Assistance Handbooks.

This page contains the keycard information for:

You can also download this keycard as a PDF.

Definitions used

Advice and assistance

 

Assessing eligibility

A client’s income and capital must be within the current financial limits to qualify for advice and assistance.

We recommend you assess their disposable capital before assessing income, since if they do not qualify on capital, they are ineligible for advice and assistance – even if they receive “passport” benefits (that is, Income Support, income-related employment and support allowance, income-based jobseeker’s allowance or Universal Credit).

Assessing eligibility on capital

Disposable capital – from 8 April 2019 - £1,716 maximum for eligibility

 

Assessing eligibility on income

Disposable income - £245 a week maximum for eligibility

A person whose disposable income exceeds the income limit of £245 a week is NOT eligible for advice and assistance, whatever their disposable capital, unless they receive a passport benefit (Universal Credit, Income Support, an income-related employment and support allowance or income-based jobseeker’s allowance).

“Income” means the total income, from all sources, which the client and their partner received or became entitled to during or in respect of the seven days up to and including the date of the application.

 

Initial limit of authorised expenditure

Children’s advice and assistance
£95 is the initial limit of authorised expenditure for children’s advice and assistance.

Increases in authorised expenditure
An increase in authorised expenditure is only effective from the date we grant it.

We cannot authorise increases retrospectively and if you do any work not covered by the authorised expenditure at any given time, we cannot pay for it.

Assistance by Way of Representation (ABWOR)

For ABWOR granted for proceedings under the Children’s Hearings (Scotland) Act 2011, the financial eligibility criteria and contributions are the same as in advice and assistance.

If you have previously granted advice and assistance for advice in relation to the same proceedings under the Children’s Hearings (Scotland) Act 2011, then you will already have established their eligibility and any contributions payable. There is no need for a separate grant of advice and assistance to apply for ABWOR for representation at the hearing. You can apply for ABWOR under the same grant of advice and assistance by making an increase application.

Automatic Children’s Legal aid

If you are instructed as Duty solicitor to represent the child at any one of the four specified hearings namely:

then, Automatic children’s legal aid can be made available to a child client, if that child is not already in receipt of ABWOR, (which would tend to suggest he/she had already instructed a solicitor of choice), and without the need for tests being applied to financial eligibility or the merits of the application.

If you’re not acting as Duty Solicitor but have been instructed by the child as the child’s solicitor of choice then automatic children’s legal aid IS NOT AVAILABLE. However you may grant ABWOR to cover the cost of representing your client at any one of the four specified hearings without the need to apply the financial or merits tests.

Children's legal aid

Eligibility limits

To do work as a matter of special urgency under regulation 18, you have to complete the online declaration form which is designed to assist you to assess your client’s financial eligibility.  The form, CHLA/LAO 2011 ACT can be found on our website by accessing the Forms and Declarations option. To complete the form you may need to apply the current eligibility limits and allowances, which are:

Clients' contributions

Contributions in children’s legal aid are linked to the type of proceedings and are grouped in the table below according to the relevant section of the Children’s Hearings (Scotland) Act 2011.

Contributions in children’s legal aid will be calculated by SLAB but this table shows how contributions will be calculated using examples of weekly disposable income of £100, £130, £160 and £222.

Type of proceedings under the Children’s Hearings (Sc) Act 2011 S98,S99,S160 S101,S110,S154,S161,S162,S166,S48 S163, S164, S165, S167
Average duration 4 weeks 12 weeks 24 weeks
Weekly disposable income £100

Contribution is £25.60


Calculation:
£100-£68 = £32 (£32@20%x4)

Contribution is £57.60


Calculation: (£32@15%x12)

Contribution is
£76.80


Calculation: (£32@10%x24)

Weekly disposable income £130

Contribution is £73.60


Calculation: £25.60 + (£30@40%x4)

Contribution is
£147.60


Calculation:
£57.60 + (£30@25%x12)

Contribution is
£220.80


Calculation: £76.80
+ (£30@20%x24)

Weekly disposable income £160

Contribution is
£139.60


Calculation: £73.60 + (£30@55%x4)

Contribution is
£309.60


Calculation:
£147.60 + (£30@45%x12)

Contribution is
£436.80


Calculation:
£220.80 + (£30@30%x24)

Weekly disposable income £222

Contribution is
£313.20


Calculation: £139.60 + (£62@70%x4)

Contribution is
£808.08


Calculation:
£309.60 + (£62@67%x12)

Contribution is
£1032.00


Calculation:
£436.80 + (£62@40%x24)

 

We have noted the various sections of the Children’s Hearings (Scotland) Act 2011 that govern proceedings in the top row. We have assigned average duration times to these cases, which are noted in the second row: sections 98, 99 and 160 cases have been assigned an average duration of 4 weeks; cases under sections 101, 110,154, 161,162, 166 and 48 have been assigned a duration of 12 weeks; and those under sections 163, 164, 165 and 167 have been assigned an average duration of 24 weeks.

The first column shows some average disposable incomes, £100, £130, £160 and the current maximum £222. The next column shows what the applicant’s contribution from the average disposable incomes used in the illustration will be if they are involved in proceedings under Sections 98, 99 and 160, the second column what they will pay if involved in proceedings under Section 101, 110, 154,161,162 166 and 48 and so on.
 
In order to calculate the contribution you need to know:-

The table below illustrates how we will calculate the contribution:

Proceedings S98, S99, S160  S101, S110, S154, S161, S162, S166, S48 S163, S164, S165, S167
Disposable income of up to £100

Example disposable income of £100


Step 1: £100 - £68.00
 

Step 2: Multiply balance x 20% x 4 = Contribution (Answer A)

 

Example disposable income of £100


Step 1: £100 - £68.00
 

Step 2: Multiply balance x 15% x 12 =
Contribution (Answer A)

 

Example disposable income of £100


Step 1: £100 - £68.00
 

Step 2: Multiply balance x 10% x 24 =
Contribution (Answer A)

 

 £101-130

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x 40% x 4 = Answer B
 

Step 3: Contribution = Answer A + Answer B

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x
25% x 12 = Answer B

Step 3: Contribution = Answer A + Answer B

Disposable income of
£120


Step 1: £120 - £100
 

Step 2: Multiply balance x
20% x 24 = Answer B

Step 3: Contribution = Answer A + Answer B

 £131-160

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x 55% x 4 = Answer C
 

Step 3: Contribution = Answer B + Answer C

 

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x 45% x 12 = Answer C

Step 3: Contribution = Answer B + Answer C

 

Disposable income of
£140


Step 1: £140 - £130
 

Step 2: Multiply balance x
30% x 24 = Answer C

Step 3: Contribution = Answer B + Answer C

 

 £161-222

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x70% x4 = Answer D
 

Step 3: Contribution = Answer C + Answer D

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x67% x12 = Answer D 

Step 3: Contribution = Answer C
+ Answer D

Disposable income of
£200


Step 1: £200 - £160
 

Step 2: Multiply balance x40% x24 = Answer D

Step 3: Contribution = Answer C
+ Answer D

 



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