The LAA Civil Legal Aid Eligibility Key Card has been updated. 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. The obligation for a person receiving civil legal aid to pay a net debt to the Fund does not apply to assets recovered or received in certain family proceedings under section 33(b) of the Civil Legal Aid (Scotland) Regulations 2002, to the extent specified in the Regulations. This exemption no longer applies to legal aid in civil matters granted from 1 April 2011. 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. 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. The original limit of £180 applies in certain situations where advice and support or ABWOR is given. The original limit of £180 for advice and assistance applies if: (a) you are satisfied that the case is likely to be resolved only by preparing proceedings before a civil court for which legal aid is available, and (b) it is likely (based on the information provided to you) that the applicant is entitled to legal aid in civil matters for financial reasons; and (c) it is appropriate in the circumstances of the case. In respect of legal aid in civil matters granted on or after 1 April 2011, no exemption may be granted in respect of sums paid under an order of the Employment Appeal Tribunal or a settlement to be entered into for the purpose of preventing or terminating proceedings in which such an order may be made.
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.) 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. We pay fees and expenses in accordance with the steps specified in section 12(3) of the Act. The fund pays only as a last resort – you must first consider the client`s contribution, the costs paid by the adversary and the property confiscated or received by the applicant (subject to exemptions under section 16(2) of the Advice and Assistance (Scotland) Regulations 1996). 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. 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. The definition of a child for the purposes of assessing disposable income and assets in the Advice and Assistance (Scotland) Regulations 1996 and the Civil Legal Aid (Scotland) Regulations 2002 is the definition of a child within the meaning of section 1(5) of the Family Law Act 1985 (Scotland) (“the 1985 Act”). 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. 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.
If you have not been able to see the audit, but have taken reasonable steps to obtain it, be sure to let us know. You must tell us what measures have been taken, such as the number of letters, the number of phone calls, etc. to the question “If you have not received a financial verification of your income, please explain how you are satisfied that you have been able to provide advice and support, and what reasonable steps you have taken or are taking to obtain this information.” Check if your customer receives any of the benefits of the pass (see above). If so, you just need to test their available capital. Check if your client has a partner whose income should be included in the calculations – see Rule 16. Keep copies of original documents confirming your client`s financial situation. The application process depends on the level of assistance covered by your application. The rules differ for controlled work and authorized work. For a diagnostic interview, the maximum contribution to be paid is £35. Advice given in police stations under Part 1 of the Criminal Justice (Scotland) Act 2016 for section 44 consultations and for police questioning under section 32 is covered by advice and assistance. Many A&A functions do not apply to providing advice at the police station. Any content you tag on the site using the icon will be added to your currently selected bookmarks folder.
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. Publication of guidelines on non-compliance with Windrush compensation scheme payments. 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. If the client does not provide evidence, you must demonstrate in your application that reasonable attempts have been made to contact the client. If, after paying a lawyer`s account under paragraph 16(3)(b) of the PCMLTFR, we determine that the person receiving advice and assistance: the Declaration should not be used as an automatic substitute for access to statements. This excludes income that is the subject of the dispute – for example, the application for support, which is part of the subject of the consultation. Deduct income tax and social security contributions from income. View and organize your bookmarks, create new folders at the top, and select your “Current Bookmarks Folder.” The Legal Aid Agency (LAA) assesses a client`s income and capital for licensing work, including: When a client receives certain benefits, they are guided through the assessment of income needs so that they are automatically qualified within income limits, but you still need to assess their capital.
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. If a person`s available capital is between £7,853 and £13,017, they are eligible for the capital but must pay a contribution. This contribution is equal to the difference between their capital and £7,853. The granting of the A&A and the request for payment must be made at the same time after the consultation via the “Notice of Police Service” tab in Legal Aid Online. Some of the other features of it are: To ensure that you collect the correct evidence from the client, you should refer to the relevant form as follows: If a person`s disposable income exceeds £3,521, they are entitled to income but must pay a contribution. The following table explains how to calculate the contribution. If the client receives one of the following services or is included in his partner`s application, he does not have to make a financial contribution to his file if his application is granted: The lawyer`s right to prior payment of fees and expenses for property recovered or obtained for a client in the context of advice and assistance, does not apply to property recovered or obtained as a result of certain family proceedings listed in the Regulations. 16 (2) (b) of the Advice and Assistance (Scotland) Regulations 1996, as defined in the Rules.