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.

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