Changes to Legal Aid Emergency Applications

Changes to Legal Aid Emergency Applications

Change of approach will eliminate gaps in funding when emergency certificates are replaced by substantive certificates.

Civil news: payment for work under emergency certificates

Change of approach will eliminate gaps in funding when emergency certificates are replaced by substantive certificates.

We have changed our approach for payment of work covered by emergency certificates. The change applies to certificates issued on or after 13 October 2015.

This means that if a substantive certificate is subsequently issued the substantive limitations will be backdated to the start of the emergency certificate.

This is reflected in the wording on the substantive certificate i.e.

The date and limitations on the substantive certificate are effective from the date of issue of the emergency (if an emergency has been issued)

What are the key differences?

This is different to the previous situation where the scope limitations for both the emergency and substantive certificates were distinct if there was a gap in funding.

These gaps could not be closed in the past because substantive certificates could not be backdated. Now, if everything is agreed, there won’t be a gap in funding.

‘At risk’ work

You should still avoid carrying out or claiming for work when a funding certificate is not in place. Otherwise, it will be “at risk” with no guarantee of payment.

Where an emergency certificate has lapsed you need to wait until you know that you have been successful in obtaining a substantive certificate as a replacement.

Remember that it is your responsibility to avoid doing work outside both the “emergency scope” and the “emergency date range”.

Further information

Legal aid emergency application form

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