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Provision of legal services - financial limits civil funding

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Generally applicable rules

Legal Aid Calculator here

Eligibility for legal aid is complex and is subject to changes, so the Community Legal Advice provide a calculator, said to be used by solicitors more than anyone else.

 

 Partners

Partner's capital and income will usually be included.

Capital

Includes the value of house lived in; latest limits here.

Income

Deduct allowances for dependants

Partner

Children

State benefits not counted as income

Many of the basic benefits included.

Financial Limits for Each "Level of Service"

Example of legal aid limits for Criminal work (April 2008)
Level of Service Income Limit Capital Limit
Advice and Assistance Disposable income not to exceed £99 per
week
Passported if in receipt of
Income Support, Income Based Job Seekers’
Allowance,
Guarantee State Pension Credit,
Working Tax Credit plus Child Tax Credit* or
Working Tax Credit with disability element *
*Gross Income
£1,000 for those with no
dependants
£1,335 for those with one
dependant
£1,535 for those with two dependants with
£100 increase for each extra dependant
No passporting - capital must be assessed in
all cases
Advocacy Assistance Disposable income not to exceed £209 per
week
Passported if in receipt of
Income Support, Income Based Job Seekers’
Allowance,
Guarantee State Pension Credit,
Working Tax Credit plus Child Tax Credit* or
Working Tax Credit with disability element*
* Gross Income not to exceed £14,213 for
passporting.
£3,000 for those with no dependants
£3,335 for those with one dependant
£3,535 for those with two dependants with
£100 increase for each extra dependant
Passported if in receipt of Income Support,
Income Based Job Seekers’ Allowance or
Guarantee State Pension Credit.
Legal aid for civil matters

"Legal help" and "Help at court"

 

Latest financial limits here

"Approved family help"

 

Latest financial limits here

"Family mediation"

Income support or income-based jobseeker's allowance automatically qualify.

Otherwise…

 

Capital assessed in the same way as for legal help.

 

Latest financial limits here

"Help with mediation"

If funded for family mediation automatically qualifies for help with mediation in respect of that family mediation. Otherwise same rules as for family mediation.

 

"General family help"

The income and capital conditions are the same as those that apply to legal representation.

 

"Legal representation"

Immigration

 

 

Specified proceedings in the magistrates’ court

Persons on benefits qualify automatically

Means

 

Always free at a mental health review tribunal.

 

Immigration adjudicator or Immigration Appeal Tribunal is subject to the same means test, as that applied for legal help.

 

Representation in specified proceedings in the magistrates’ court (authorised representation), the financial eligibility test is the similar to that for family mediation.

 

Far all other types of representation, some benefits mean automatic qualification.

 

Latest financial limits here

 

Still may be funded if the case is likely to be expensive.

"Specified family proceedings in the magistrates’ court"

For controlled representation, no contributions are payable from either income or capital.

 

Will pay a weekly contribution of one third of any income over a net limit

 

Latest financial limits here

 

In a Nutshell:

General information:: no means test.

  • Legal Help or Help at Court: disposable income below limit per week and disposable capital below limit.

  • Family Mediation and Help with Mediation: disposable income below limit and disposable capital limit.

  • Approved family help and Legal Representation: disposable income limit and disposable capital below limit; a contribution is required for income or capital above half these figures.

  • Mental Health Review Tribunal not subject to any means test; Immigration Adjudicator is subject to the Legal Help means test;

  • Support funding capital and disposable income limits.

  • Certain family proceedings before magistrates are subject to the Family Mediation means test.

Over limit, all disposable capital must be used up paying for legal costs.

Over free limit contribution is payable.

Latest financial limits here.

 

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