New guidance is available which explains the specific requirements that must be met before we backdate a determination.
What is the backdating power?
The DLAC has the discretion to backdate the effect of certain legal aid determinations for both licensed and special case work. This includes:
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initial determinations that an individual qualifies for civil legal aid
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any decision made about a limitation or condition, including via an application for an amendment
How does the guidance help?
The power to backdate is discretionary and is dependent on specific requirements being met. The new guidance sets out what the DLAC considers when deciding whether these requirements have been met.
Further information
Legal aid guidance – to view and download ‘Guidance on backdating’ document
Civil Legal Aid (Procedure) (Amendment) Regulations 2019 (SI 2019/130) – to view regulation introducing the backdating power