Payment before legal aid is granted

When an application for legal aid is submitted, there may be times when the first hearing takes place before a decision on legal aid is reached.

Solicitors claim for payment under the legal aid Representation Order, in accordance with their Criminal Contract. However, there are also a number of other payment schemes available.

Payment can be claimed if solicitors represent a client effectively at the first hearing but subsequently no Representation Order is granted, either because the client has failed the means test (Early Cover) or they have failed the interests of justice test (Pre-Order Cover).

Solicitors can also claim if they help a client complete the legal aid application forms, where notification is given before the first hearing, that the client is ineligible for legal aid.

The table below summarises the circumstances for claiming Early Cover, Pre-Order Cover and the Form Completion Fee:

Result of Application - Interests of Justice	Result of Application - Means Test	Fixed Fee Scheme
PASS	PASS	Payment under the representation order in acordance with the LSC Criminal Contract
PASS	FAIL	Early Cover
FAIL	FAIL	Pre-Order Cover
FAIL	PASS	Pre-Order Cover
PASS / FAIL	FAIL (Before first hearing)	Form Completion Fee (where the above do not apply)

Last updated: 29 March 2011