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Legal Aid for appeals

The position in relation to work done in applying to the Tribunal for a review and/or permission to appeal is:

  • If the review/application for permission to appeal is unsuccessful, all the work forms part of the level 3 payment, i.e. unpaid-for unless it turned the case into an ‘escape-fee case’.
  • If the Tribunal sets aside its decision then you can claim an additional fee equivalent to the ‘adjourned hearing fee’. Then you would recalculate whether or not you have an escape-fee case.
  • If a certificate is subsequently issued, then the work done may be claimed under the certificate. Unless the work is already being claimed as an escape-fee case.
  • If a fresh Tribunal hearing is held then this can be claimed as a new matter start (you can claim level 3 and, if justified, level 1 and 2 payments) or as a continuation of the previous one.
  • If you do work on a review/appeal but didn’t represent the patient at the original Tribunal hearing, then you can claim level 1 and 2 payments as appropriate, but not level 3 or bolt-on payments.