Means testing for civil legal aid: updated documents

http://www.familylawweek.co.uk/site.aspx?i=ed189248

https://www.gov.uk/guidance/civil-legal-aid-means-testing

https://assets.publishing.service.gov.uk/government/uploads/system/...

https://assets.publishing.service.gov.uk/government/uploads/system/...

Civil legal aid: means testing

How to work out financial eligibility for legal aid: income and capital means testing, passporting and the civil legal aid calculator.

Overview

Means testing to assess financial eligibility is one aspect of determining if someone qualifies for civil legal aid. The means test is set out within Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013.

Before you complete the means test you should check if your client’s case is within scope as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

The application process depends on the level of help that your application covers. The rules differ for controlled work and licensed work.

Controlled work and family mediation

You must assess a client’s income and capital for controlled work and family mediation including:

  • legal help
  • help at court
  • family help (lower)
  • family mediation
  • legal representation for proceedings in the immigration and asylum tribunal of the first-tier tribunal
  • legal representation for proceedings in the immigration and asylum tribunal of the upper tribunal (in relation to an appeal or review from the Immigration and asylum chamber of the first-tier tribunal)


Licensed work

The Legal Aid Agency (LAA) assesses a client’s income and capital for license work including:

  • family help (higher)
  • legal representation (other than controlled legal representation, see above)
  • other legal services (exceptional cases)


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