Legal Aid Agency Update: CCMS Restoration, Contingency Billing and the End of the Average Payment Scheme

The Legal Aid Agency (LAA) has issued a further update confirming key deadlines connected to CCMS billing, contingency legal aid payments, and the end of the Average Payment Scheme in January 2026.

With Average Payment Scheme recoupment due to begin shortly afterwards, civil and crime legal aid providers should now be prioritising the preparation of outstanding legal aid costs claims to avoid cashflow disruption and account deficits.

Key Dates for Average Payment Scheme Recoupment

Legal aid providers should ensure the following dates are firmly diarised:

• 22 December 2025 – Controlled work fee uplifts take effect

• 12 January 2026 – Average Payment Scheme ends

• 19 January 2026 – Final Average Payment Scheme payments made

• 26 January 2026 – Average Payment Scheme recoupment process begins

• 2 February 2026 – First recoupments applied to payments received

These dates are critical for planning the submission of legal aid costs claims through CCMS.

Contingency Legal Aid Billing and Prior Authority

For matters billed under contingency arrangements during CCMS disruption, the LAA has confirmed:

• Prior authority granted by email remains valid proof of authorisation

• Prior authority decisions made under contingency will not be uploaded to CCMS

• A copy of the prior authority grant email must be submitted with the legal aid costs claim

• There is no requirement to reapply via CCMS where prior authority has already been granted

Ensuring that prior authority evidence is clearly linked to each costs claim will help reduce delays during assessment.

Average Payment Scheme Recoupment – Why Early Costs Preparation Matters

The Average Payment Scheme will close on 12 January 2026, with recoupments starting from 26 January 2026. Although the LAA has built in a short gap between final payments and recoupment, firms that are not ready to submit their legal aid costs claims promptly may see recoupments applied before final bills are paid.

To minimise the impact of Average Payment Scheme recoupment, providers should now:

• Identify all matters paid under the Average Payment Scheme

• Prepare and finalise legal aid costs claims in advance of January 2026

• Check that all supporting documentation is complete

• Submit bills via CCMS as soon as they are bill-ready

Proactive preparation is essential to protecting cashflow and avoiding unnecessary deficits on legal aid accounts.

Legal Aid Fee Uplifts and CCMS Billing

A statutory instrument introducing increases to some civil and crime legal aid fees takes effect on 22 December 2025.

Providers should be aware that:

• Controlled work fee uplifts apply to matters starting on or after 22 December 2025

• Fee uplifts must continue to be applied via the contingency process until standard CCMS billing routes are fully restored

• The deadline for December legal aid claims is 20 January 2026

• Licensed work fee uplifts remain under development

Correct application of fee uplifts within legal aid costs claims will be essential to avoid underpayment.

Staying Updated on CCMS and Legal Aid Payments

The LAA has confirmed that future updates will be issued on an as-needed basis, rather than bi-weekly. Providers should continue monitoring GOV.UK for guidance on CCMS billing, contingency arrangements, and legal aid payments.

How SPH Costs Supports Legal Aid Costs Claims

With Average Payment Scheme recoupment approaching, now is the time to ensure your legal aid costs claims are prepared and ready for submission.

At SPH Costs, we support legal aid providers with:

• Preparation and submission of legal aid costs claims via CCMS

• Reviewing contingency legal aid billing and prior authority compliance

• Ensuring correct application of legal aid fee uplifts

• Reducing the financial impact of Average Payment Scheme recoupment

If you would like assistance preparing your legal aid costs claims ahead of recoupment, please contact the SPH Costs team.