Calculate your client`s financial eligibility for legal aid, then print and fill out the correct forms identified by the calculator. (You should use the online calculator instead of performing manual calculations if possible.) The LAA Civil Legal Aid Eligibility Key Card has been updated. This key card defines the different legal limits, contributions and recovery levels for advice and assistance and civil legal aid that will be in force from 12 April 2021. This limit is set at £8,000 for all civil legal services, except those relating to an immigration matter under section 8 (3), which is capped at £3,000. The LAA waives all upper limits of eligibility if your client applies for legal aid for a domestic violence protection order or forced marriage. However, a contribution may be required. Key cards can be used as a quick reference when you need information about different claim restrictions, contributions and collection levels (if applicable). Our legal aid advice provides more comprehensive information for lawyers. The means test to assess financial eligibility is one aspect of determining whether a person is eligible for civil legal aid. The resource test is set out in the Civil Legal Aid (Financial Resources and Payment for Services) Regulations, 2013. Updated documents: Guide to determining financial eligibility for certified work, key card for eligibility for civil legal aid under LAA, guide to determining financial eligibility for controlled work and family mediation. When a client receives certain benefits, they are guided through the income needs test, so they are automatically eligible within income limits, but you still need to assess their capital. Check if your client has a partner whose income should be included in the calculations – see Rule 16.
If your client has passed the income needs test, you must assess their available capital to ensure that it does not exceed £8,000 – or £3,000 if it is a controlled labour immigration matter described in Regulation 8(3): if your client passes this test, they are financially eligible. You must assess a client`s income and capital for controlled work and family mediation, including: The Legal Aid Agency (LAA) assesses a client`s income and capital for work licensing, including: The application process depends on the amount of assistance covered by your application. The rules differ for controlled work and authorized work. If you cannot find evidence of funds for controlled work and family mediation cases, make sure your client is covered by one of the grounds set out in paragraph 3.24 of the 2013 Civil Contracts Standard Specification. To ensure you receive the correct proof from the client, you should refer to the appropriate form as follows: If you are using assistive technology (such as a screen reader) and require a version of this document in a more accessible format, please send web.comments@justice.gov.uk an email. Please let us know what format you need. This will help us if you say what assistive technology you are using. Clients do not contribute to controlled labour and family mediation cases. We charge contributions for licensed work where disposable income exceeds £315 per calendar month and/or capital exceeds £3,000. You need to evaluate capital resources in all cases.
However, if your client receives financial assistance under section 4 or 95 of the Immigration and Asylum Act 1999 from the National Asylum Support Service (NASS), they will be guided through income and capital testing for controlled labour immigration and asylum matters only. Check if your customer receives any of the benefits of the pass (see above). If so, you just need to test their available capital. Your client`s gross monthly income should be £2,657 or less. If you have more than 4 dependent children, add £222 to this figure for the fifth child and each additional child. If your client doesn`t get a pass, you`ll need to check if their gross income is £2,657 per month or less before checking their disposable income. Test disposable income to make sure it`s £733 or less. Keep copies of original documents confirming your client`s financial situation. If a client has an interest in disputed assets, the value of the client`s assets exceeding £100,000 should be included in your financial suitability check. See section 38 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013. Publication of guidelines on non-compliance with Windrush compensation scheme payments.
