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| We have identified some of the most 'frequently asked questions'
experienced by each of our business areas. This list is not exhaustive but it is hoped its content will provide you with useful guidance. |
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Ensuring Quality in Civil Legal Aid Applications (A1) |
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Raised at recent Triage Seminars |
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| There are 16 FAQs in this category |
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Can NILSC check via National Insurance Number if a person is in receipt of benefits? |
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A: Due to Data Protection legislation the LSC cannot access this information. The LAAO do however have access and they will check if a person is in receipt of benefits for the LSC |
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At section 2 on page 2, why is it necessary to provide details of previous applications for Legal Aid? This is something that can often be beyond the solicitors knowledge. |
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A: This information is necessary to check if the applicant has any outstanding debt to the Commission as this will have a bearing on their future entitlement. Rather than leave the question blank, it is acceptable for this question to be answered as `unknown` as staff in LSC will check on our case management system. |
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If a typed statement is drawn up on behalf of the applicant, is it sufficient for the applicant to confirm it by signature? |
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A: Yes, provided the statement drafted on behalf of the applicant is typed in the first person. Statements drafted and submitted in the third person will not be accepted by the Commission. |
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If a counsel`s opinion is attached, is it sufficient to say, "Please refer to counsel`s opinion"? |
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A: Yes, Counsel’s opinion is accepted but it is the responsibility of the solicitor to ensure Counsel has addressed the relevant points to enable the Commission to assess the merits of the case. |
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If the applicant is a minor, can the application be made by their next friend? |
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A: Yes, a parent or next friend can make the application. If the applicant is aged 16 to 18, they must countersign the form with the parent or next friend. A first person statement from the minor applicant should also be forwarded where appropriate. |
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Could NILSC not amend a form in response to a phone call or letter? |
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A: No. The NILSC has never amended forms; it only accepts properly completed forms. |
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Are the forms required to be signed by the applicant and solicitor on the same date? |
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A: No this is not a requirement. The most important thing to remember in relation to the dating of the form is to ensure that it is submitted and received by the Commission, as a correctly completed application, within 3 months of the applicant’s signature. This is a requirement of the LAAO, as only confirmation of income, benefit entitlement etc within 3 months is considered to be current. This is particularly important and should be borne in mind for any applications that have been returned under query i.e. that the application is resubmitted (and accepted) within 3 months of the applicant’s signature. If not, the forms will need to be re-dated and the LAAO will require verification of current information. |
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When a form is re-submitted, is it sufficient for the solicitor to initial and re-date? |
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A: Yes, as long as all the queries have been answered. |
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If everything else on a form is correct, is it right for a form to be returned just because it does not specify the court type? |
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A: If the value of the case is specified, it should be possible for NILSC staff to work out what court the case is in. Many cases, however, do not have a monetary value and the onus remains on the solicitor to complete this section of the form. |
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Is it right to bring a client back in just to initial a change of date? This is especially awkward if the client is in prison. |
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A: Staff within the Commission will use discretion in circumstances where the applicant is in prison or outside the jurisdiction and give permission to the solicitor to initial it on the applicant’s behalf. The CLA4 can be initialled by the solicitor on behalf of the applicant as long as the applicant has named the solicitor to act as their representative. |
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Having to re-date forms is a major inconvenience – is it really necessary? |
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A: The 3 month rule is to ensure that the financial information provided is current (stipulation of the LAAO). The computation period for establishing an applicant’s financial eligibility runs for 12 months, commencing on the date the application is signed – only changes that occur within the computation period can be considered for a re-determination of their means assessment. |
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(Following on from the previous question) Is it acceptable for the application to be older than 3 months by the time it is adjudicated upon? |
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A: Yes – the adjudication section are only interested in the merits of the application. The 3 month rule is a matter for the Triage team to administer on behalf of the LAAO. |
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Why is it necessary to submit both forms (means and merits) at the outset? It would save time if the means test could be completed first to establish financial eligibility thereby potentially negating |
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A: the need to complete an A1 or A2.
The Commission is operating under the 1965 General Regulations which established the relationship with the LAAO. The Commission, as part of the overall reform agenda, will look at financial eligibility which will include the
relationship with the LAAO.
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Why are minor’s means not tested in Green Form when these are taken into account for civil Legal Aid? The Commission advocates access to justice but based on the means of parents some children’s cases |
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A: might not qualify for Green Form to obtain medical evidence etc.
The current financial rules were introduced by the Lord Chancellor. When the civil financial eligibility rules were amended to take account of the child’s means, the Lord Chancellor did not make a similar amendment to the Green Form and ABWOR rules |
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Is there a cut-off date for using a stockpile of forms? |
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A: ‘Old’ A1 forms are still being accepted (at present) – any future cut-off date will be communicated to the Law Society in advance. NB The June 2009 version of the CLA4 financial form is the ONLY version now being accepted. This is available to download from the website. The Commission would recommend that you destroy any forms you may have stockpiled in your office and download the most recent versions from the Commission’s website.
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Why are civil aid certificates issued in the name of a partner rather than the actual solicitor conducting the case (can be confusing for the client)? |
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A: Civil aid certificates can be issued in the name of the acting solicitor stated on the A1 application form. However, if said solicitor has not been registered on the Commission’s database for the particular firm, the partner’s details will be used (rather than returning the application). |
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