Clear definition of area of law
Introduction
Clearly defining the areas of law to be addressed by advice and representation services is
fundamental to a funding specification. This note sets out the distinct areas of law that may
be used to assist with this exercise.
This note remains under review and we welcome any feedback on its contents or
suggestions of additional material to include. Contact details are provided under “Further
support”.
Contents
Clear definition of area of law ................................................................................................ 1
Introduction ....................................................................................................................... 1
Areas of law covered by the good practice principles ........................................................ 2
Purpose ......................................................................................................................... 2
Benefits .......................................................................................................................... 2
Limitations...................................................................................................................... 2
Detailed categories for areas of law ............................................................................... 2
Housing ......................................................................................................................... 2
Welfare benefits advice .................................................................................................. 3
Money / debt advice ....................................................................................................... 4
Consumer advice ........................................................................................................... 5
High level categories for other areas of law.................................................................... 5
Further support .............................................................................................................. 5
Date of last revision ....................................................................................................... 5
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Areas of law covered by the good practice principles
Purpose
This section provides detailed information for the areas of housing, money / debt, welfare
benefits and consumer advice, drawing on the Scottish National Standards for Information
and Advice Providers (SNSIAP) and Citizens Advice Scotland’s Advice Guide. It also sets
out the areas of law specified by the Scottish Legal Aid Board (SLAB).
We have focussed on these areas, as they are the main topics where advice and
representation services may be supported by multiple funders.
Benefits
Consistent use by funders of a set of areas of law has a number of benefits:
 Service users can more easily identify what service they need to access
 Clearer understanding by both funders and other services of what advice providers
are being asked to deliver, leading to:
o More accurate signposting or referrals
o Easier avoidance or identification of overlap or duplication
o Simpler assessment of gaps in provision
 Provides a basis for common reporting to funders
Limitations
Whilst this note sets out descriptions of detailed categories for housing, welfare benefits,
money/debt and consumer advice, these have not been agreed by funders as the common
definitions to be used in service specification.
This note does not include detailed descriptions of areas of law beyond housing, welfare
benefits, money/debt and consumer advice. Further detail in relation to additional areas of
law may be an area for development.
Detailed categories for areas of law
The Scottish National Standards for Information and Advice Providers gives detailed
definitions for three areas of law: housing, money / welfare benefits and debt.
There are many different categories under each of these areas, which we have listed below.
Funders may wish to consider which elements they are specifically seeking to cover.
Housing
Rent arrears: Advises and assists people who have rent debts.
Mortgages/Secured Loans: Advises and assists people who have mortgage/secured loan
debts
Housing Benefit and Council Tax Reduction: Advises and advocates effectively about
Housing Benefit and Council Tax Reduction
Disrepair in Rented Housing: Advises and advocates competently about disrepair issues
affecting tenants
Housing Options: Advises competently about different housing options for clients.
Discrimination in Housing: To advise competently about discrimination in housing matters
and possible remedies.
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Eviction: Advises competently about evictions
Anti-Social Behaviour: Advises competently about anti-social behaviour and the remedies
available to deal with same
Harassment and Illegal Eviction (including Race Discrimination): To advise competently in
cases of possible or actual harassment of tenants
Homelessness: Advises competently about homelessness
Relationship Breakdown: Advises competently about relationship breakdown and housing
matters.
Rent: Private Sector: Advises competently about legal issues affecting rent in the private
sector
Security of Tenure: Advises competently about security of tenure
Statutory Tenancy Rights: Advises competently about tenants' rights contained within
relevant statues including Rent (Scotland) Act 1984, Housing (Scotland) Act 1988 and the
Housing (Scotland) Act 2001.
Repair and Improvement Grants: Advises and advocates competently about the scheme of
assistance available to owners and tenants for housing improvements and dealing with
disrepair.
Welfare benefits advice
Means Tested Benefits: Advises and advocates effectively about means-tested benefits
(Income Support, Income-based Jobseeker's Allowance, Income-related Employment and
Support Allowance, Pension Credit).
Housing Benefit and Council Tax Reduction: Advises and advocates effectively about
Housing Benefit and Council Tax Reduction
Tax Credits: Advises and advocates effectively about Tax Credits
The social fund: Provides competent advice and advocacy about Social Fund payments
The Scottish Welfare Fund: Provides competent advice and advocacy about Scottish
Welfare Fund payments
The Impact of Work on Benefits: Provides competent advice and advocacy about the impact
of work on benefits and tax credits
Child Benefit and Guardian's Allowance: Provides competent advice and advocacy about
Child Benefit and Guardian's Allowance
State Retirement Pension: Provide competent advice and advocacy about Retirement
Pension (RP)
Disability Living Allowance and Attendance Allowance: Provides competent advice and
advocacy about Disability Living Allowance and Attendance Allowance (DLA/AA)
Benefits for People who have limited capability for work or are incapable or work: Provides
competent advice and advocacy about benefits for people who have limited capability for
work or are incapable of work.
Benefits for Work-related Illnesses and Disabilities: Provides competent advice and
advocacy about benefits for people whose illness or disability is related to employment
Benefits for Veterans: Provides competent advice and advocacy about benefits for people
whose illness or disability is related to service in the armed forces
Carer’s Allowance: Provides competent advice and advocacy about Carer’s Allowance
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Jobseeker's Allowance: Provides competent advice and advocacy about benefits for people
who are unemployed
Benefits for Maternity, Paternity and Adoption: Provides competent advice and advocacy
about benefits for maternity, paternity and adoption
Bereavement Benefits: Provides competent advice and advocacy about benefits for people
who have been bereaved
Benefits for People in Public Care: Provides competent advice and advocacy about the
implications of public care on benefits and tax credits
Benefits for Students: Provides competent advice and advocacy about benefits and tax
credits for students
Benefits for People from Abroad and/or who are Subject to Immigration Control: Provides
competent advice and advocacy about benefit and tax credit entitlement for people from
abroad and/or who are subject to immigration control
Ancillary Benefits: Provides advice and advocacy about ancillary benefits such as those
available to help with education, health costs, child support and concessions
Money / debt advice
Financial Statements: Prepares accurate Financial Statements with clients
Liability for Debts, Extortionate Credit, Unfair Contract Terms, Unenforceable Debts, Creditor
Malpractice, Codes of Practice, etc: Able to advise and advocate about enforceability of
debts, creditor malpractice and relevant Codes of Practice/Guidance to protect debtor.
Where necessary, make appropriate referrals in relation to these issues.
Identifying and Agreeing Options in Debt Cases: Uses all relevant information provided by
the client to identify viable options. Ensures that options are given to the client in a manner
that enables the client to make an informed choice. Records all factors impacting on the
client's choice of option and any barriers to the client's successful implementation of their
chosen option
Negotiating and Making Offers to Creditors: Accurately prioritises debts and undertakes
effective negotiations with creditors making offers to repay.
Diligence, Diligence Stoppers and Court Proceedings: Understands the options for diligence
and remedies to protect clients
Bankruptcy and Trust Deeds: Accurately identifies cases which are suitable for bankruptcy
action, to advise and advocate in cases where there is a creditor's petition/warrant to cite in
bankruptcy and to assist with Trust Deeds
Recalls and Appeals against Court Decrees and Orders: Assists clients with appeals,
minutes of recall and other applications in Court
Utility Debts: Advises and assists people who have utility debts: gas, electricity, fixed line
telephone. Is aware of issues relating to fuel poverty and of the assistance available from
various suppliers and schemes to assist individuals to make their homes more energy
efficient.
Local and National Tax Debts: Provides advice and advocacy to clients about recovery of
national and local tax debts (Council Tax, Income Tax)
Rent Arrears: Advises and assists people who have rent debts
Mortgages and Secured Loans: Advises and assists people who have mortgage/secured
loan debts
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Civil and Criminal Fines and other Financial Penalties: Advises and assists people who are
in arrears with payment towards fines and other financial penalties
Business Debts: To identify cases involving business debt and make effective and
appropriate referrals
Consumer advice
This relates to advice covering the rights relating to buying goods or services. The
categories making up consumer law are set out below, with more detail available by
following the links through to Citizens Advice Scotland’s Advice Guide.
Cars and other vehicles
Builders and home improvements
Phones, TV, internet and computers
Furniture, household goods and clothing
Travel, leisure and food
Common problems with products
Energy supply
Water and sewerage
Post
Professional and financial services
Common problems with service providers
High level categories for other areas of law
The Scottish Legal Aid Board produces a document that sets out the main “justiciable
problems” as a category code card for solicitors.
The problems covered by the good practice principles framework are grouped under “Civil
category codes”.
Click here to bring up the category code card.
Further support
For further information about areas of law, please contact John Osborne, SLAB, Tel. 0131
240 1889, email John.
Date of last revision
14th January 2015
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