Early Cover criteria
On this page:
- What are the criteria for Early Cover?
- What happens if the Representation Order is granted?
- What about hardship review cases?
Early Cover* is available under the General Criminal Contract or, from 14 July 2008, the Unified Contract (Crime). A fixed fee of £75 + VAT is available.
What are the criteria for Early Cover?
- A properly completed legal aid application has been received by HMCS by 9am on the sixth working day following the date of first instruction (provided that the date of first instruction is on or before the date of the first hearing); and
- The application has not been granted or refused by the start of the first hearing; and
- The first hearing moves the case forward and any adjournment is justified; and
- The application satisfies the IoJ test but does not pass the means test
*Not available where the hardship form (CDS16) has been submitted directly to the NCT prior to HMCS carrying out a means test assessment.
To claim Early Cover:
- Complete a CDS11 for the case in which the Early Cover fee is being claimed
- Complete a claim line on the CDS6 form and enter the code for Early Cover (PROT)
- Submit CDS6 claim. (See LSC Online for further details on submitting monthly claims)
What happens if the Representation Order is granted?
If the Representation Order is granted the solicitor does not need to claim Early Cover. The Representation Order itself would be dated from the date the application was first submitted and would therefore cover the payment for the first hearing.
What about hardship review cases?
Solicitors cannot claim Early Cover for applications where the hardship form (CDS16) has been submitted directly to the National Courts Team (with CDS14 and 15) proper to Her Majesty’s Court Service (HMCS) carrying out a means test assessment.
Last updated: 17 July 2008