Discretionary powers to backdate certain legal aid
determinations are to be given to the Director of Legal Aid
Casework from 20 February 2019.
These powers are being introduced under regulations laid by
the government. They mean that legal aid will be available
to cover urgent work carried out before the Legal Aid
Agency (LAA) makes a determination.
When the regulations come into force we will close the ‘out
of hours’ service. Where appropriate, providers will be
able to apply to backdate a determination to cover any
urgent work they have started e.g. at the weekend.
When can the power be used?
The new power will allow the LAA to backdate an initial
grant of licensed work or special case work. It also allows
amendments to the scope of legal aid authorised under a
certificate to be backdated. This includes where the
determination is made following a review or appeal. It will
only be possible to use the backdating power where certain
conditions are met. These conditions are set out in the new
regulation – see link below. We will provide more detail
before the legislation comes into force.
When will these new powers be
available?
The new backdating power is due to come into force on 20
February 2019. It will be available for all applications
for a determination that are made after that date. This
includes applications for an amendment. The power will not
be available for applications for a determination made
before 20 February 2019 even where the LAA decision takes
place after that date.
Will this affect my delegated
functions?
No, you will still have delegated functions to grant
emergency representation in the same cases as at present.
These can be used to cover urgent work where appropriate.
How do I ask for a backdated
determination?
We will provide further information in the next few weeks
on the process providers should follow to request that a
determination be backdated.
When will the ‘out of hours’ service
close?
We will close the ‘out of hours’ service when the new
backdating power comes into force. The last day this
service will operate will be 19 February 2019. Following
this, providers will no longer be able to contact
caseworkers to obtain a determination using this service.
Further information
