The Legal Aid board was replaced by the Legal Services Commission (LSC) on 1 April, 2000. It runs two schemes for funding legal help, the civil scheme (for civil cases such as divorce) as part of the Community Legal Service and another scheme for criminal cases.
It is a system designed for people who are unable to afford to pay for legal help. It will depend upon your own circumstances as to whether you qualify or not. If you also need a solicitor and/or a barrister to represent you at court you will also need to obtain help from legal advisers who are registered under contract with the LSC.
There are a number of schemes available which are relevant, these are as follows:
How do you get financial help?
You should contact a legal adviser or solicitor who has a contract with the LSC. The legal adviser will be able to advise you as to whether you are eligible for help or not, a guide to the financial requirements are detailed below.
At what level do you qualify for financial help?
CAPITAL ASSESSMENT- You need to add up the value of your assets.
Include money, jewellery, savings, investments etc. You need not include your home if it is valued at less than £100,000. (If the value of your home after deduction of a mortgage up to £100,000 is more than £100,000 then the excess above £100,000 must be included).
You need not include household contents and furniture including clothing and tools of the trade.
You also need not include other things such as any special bonuses under section26 Job Seekers Act 1995 or payments under the Community Care (Direct Payments) Act 1996.
If your capital totals £8,000 or more, you will not be eligible to receive funding assistance, even if your income calculation says you should do.
If you have capital between £3,000 and £8,000 then you will be eligible for funding but you will have to pay a contribution towards your costs. Your contribution will either be the amount of capital you have over £3,000 or the actual cost of your case. You will be expected to pay the lower of the two amounts.
If your capital is between £3,000 and £8,000 and you are in receipt of income support or income based jobseekers allowance, you will not have to pay a contribution from your capital.
INCOME ASSESSMENT - If you receive income support or job seekers allowance you will be eligible for help and will probably not have to pay anything.
However, this is as long as you do not have assets (capital or property) in excess of the maximum limit.
If you claim other types of benefit you still might be eligible and receive funding for your case. However, you will be assessed on what you receive and whether or not you have a good chance of winning your case. This is known as the merits test.
In simple terms, you are eligible to be assessed for funding if your gross income (without any deductions) is £2,288 per month or less.
This is the first check and if you pass it, your disposable income (after certain expenses have been allowed for) will be assessed in terms of how much funding you qualify for.
If your assessed disposable income is £267 per month or less you will receive funding and not have to make any contribution yourself to the costs. However, remember that if you have a partner (but not the person you are fighting against), that partner's income will be taken into account when calculating your entitlement for funding.
The following are expenses that will be deducted from your gross income in order to arrive at your disposable income. This list is not comprehensive but should give you an idea of what can be allowed:
The following allowances/deductions will also be made:
If your disposable income is between £268 and £707 per month, you will have to make a contribution to the funding you receive. However, if your disposable income is in excess of £707 per month, you will not be entitled to any funding assistance.
The levels are as follows:
Do I have to pay it back?
If you receive capital in the form of money or property then your solicitor must use this to pay his/her bill. This is called a statutory charge. The charge does not apply to any property or maintenance settlements of up to £2,500 in a matrimonial case.
More information
The above should only be used as a general guide and introduction. If you would like more you should visit the Legal Services Commission web-site www.legalservices.gov.uk.
Or contact them at Legal Services Commission 85 Gray's Inn Road London WC1X 8TX Tel 020 7759 0000.