Our governing documents specify a number of eligibility requirements that have to be met in order to continue to qualify for funding. Where these are not met and we have not been informed, we will raise an overpayment and may be obliged to take legal action to recover money. Most legal work will therefore relate to the recovery of overpayments in Scotland (we have separate arrangements for representation in other parts of the UK). In addition to this, however, we may seek legal advice on wider Scottish legal issues, including the legal implications of changes to policy and developments related to employment and social care legislation. We have identified the following as being essential service requirements: Â· Provide advice in respect of Scottish civil proceedings, taking into account the particular circumstances of each case and recommending appropriate courses of action. This includes, but is not limited to advice in respect of personal bond agreements, standard charge agreements, inhibitions, charging interest, diligence, timetables of procedure and sequestration orders. Â· Provide advice on legal representation of vulnerable adults, in particular how Power of Attorney, financial guardianship and welfare guardianships link together. Â· Provide advice on legislation related to vulnerable adults and the associated risks when we are considering criminal and/or civil recovery action. Â· Provide advice on the proceeds of crime and options to employ when we are considering civil recovery. Â· Provide advice on earnings and bank arrestments, in particular when seeking to prevent ILF funding being subject to such action. Â· Provide ad-hoc guidance/training on the general principles of Scottish law in relation to debt recovery and fraud legislation, the options for recovery and court processes involved. Â· Provide advice on Scottish cases where consideration may need to be given to law in other parts of the United Kingdom (for example, where a crime/debt has taken place by an individual in both England and Scotland). Â· Provide advice on Judicial Review procedures in the Court of Session. Â· Provide advice on Local Authority legislation, particularly in respect of direct payments. Â· Provide advice on relevant legislation, including, but not limited to: - Protection of Vulnerable Groups (Scotland) Act 2007 - Adult Support and Protection (Scotland) Act 2007 - Proceeds of Crime (Scotland) Act 1995 - Adults with Incapacity (Scotland) Act 2000 - Local Government in Scotland Act 2003 - Social Work (Scotland) Act 1968 Â· Provide alerts on any impending legislation, which has the potential to impact on our strategic decision-making in Scotland. Â· Provide/source expert advice on Scottish trust law and how this relates to our own trust deed requirements. Â· Provide monthly updates and invoices for individual casework, enabling us to assess the cost effectiveness of any action undertaken and/or proposed going forward. In addition, it would be advantageous if the supplier could: Â· Provide advice on the merits of a suspected criminal case being referred to the Police and whether civil action should run concurrently, clearly identifying the ability to recover assets as a result. Â· Provide advice on the use of common law in relation to fraud and Interviewing Under Caution in Scotland.
Independent Living Fund
Contract value: 90000.00 - 90000.00GBP
Published: 11 Dec 2012, Receipt by: 25 Jan 2013
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