Financial means test
The first part of Legal Aid qualification looks at your financial means, that is, how much money you have to spend after you have paid your income tax and social insurance. An allowance is also made for each dependent member of your family who lives with you including, rent / mortgage / board and lodging and maintenance payments made. We also look at your capital assets.
a) What are the financial income limits for getting Legal Aid?
There are no set financial limits regarding income, as each applicant for Legal Aid will have different financial circumstances. However, essentially, if the "residual income" of your family unit is more than £200.01 per week then you will not be eligible for Legal Aid assistance.
"Residual income" is the income you have left after income tax and social security payments, a housing allowance, any maintenance payments actually made, childminding costs (if they are to enable you to work) and the weekly requirements for you and any other dependent members of your family who live with you have been taken into account.
If you are on Income Support you will be automatically financially eligible for Legal Aid whilst you are in receipt of Income Support. All other benefits, except Severe Disability Benefit are means tested. The Administrator will ask you to sign an authority in the assessment form so that a check can be made with Social Security to confirm your benefit status.
If you live in Sark, The Administrator may check with the Procureur of the Poor or the Treasurer for Sark.
b) What are the financial capital resources limits for getting legal aid?
The value of any assets / capital resources worldwide will be taken into account; the Administrator will consider whether it is reasonable to expect you to use these to fund your legal advice and assistance. Capital assets include anything which has a monetary value e.g. cash, savings, investments, premium bonds, shares, property, land, time shares, valuable furniture, paintings, jewellery, cars, rare registration numbers, boats, etc.
The capital limits for legal aid are the same as those set down by Employment and Social Security for persons applying for Income Support. The amount depends on the makeup of your family unit as follows: - a single householder or non householder with no children can have up to £15,000, a couple who ordinarily live together in the same household (whether a householder or non householder) with no children can have up to £18,000, a couple or single householder or non householder with one child dependant, £20,000, a couple or single house holder or non householder with two child dependants, £25,000 and a couple or single householder or non householder with three or more dependent children, £27,000.
If the family unit as set out above has aggregated capital resources in excess of the specified maximum amounts, the applicant will be ineligible for any legal aid funding.
We do not take into account the house you live in or any assets that are in dispute within the proceedings for which you are applying for Legal Aid.
c) How is the financial assessment for full legal aid made?
You will be required to complete a detailed application form (a 1F which your Advocate will hand to you) giving details of your income from all sources (for example, any benefits, wages, child benefit, maintenance, interest, pensions, dividends, trust income, etc.), savings and any assets you own or part own (for example, property, land, cars, savings, shares etc.). You must also include details of your partner's income, savings and assets.
When you send the completed form to the Administrator you must include all the supporting evidence requested including; your payslips and those of your partner, for the previous 13 consecutive weeks, evidence of rent/mortgage/board and lodging and any maintenance being paid. A bank statement showing these payments, or rental / mortgage agreement or Court Order will usually be sufficient. If you do not provide all this information the Administrator will not be able to process your application. Even if you are in custody, details of both your and your partner's income and capital for the previous 13 weeks will still be required.
We do not take account of any debts that you have or the finance required to support your lifestyle.
The assessment will be made against the criteria which the States have approved. Full details of the financial assessment criteria are set out in Circular 1: Assessment of Financial Means of Applicants or are available on request from the Administrator.
You must send the fully completed application form with all supporting evidence to the Administrator as quickly as possible as any delays may mean that your case will not be covered by Legal Aid.
d) Whose income and savings/assets will be taken into account?
If you have a partner, their income, savings and assets will be taken into consideration regardless of whether or not they would be willing to pay your legal costs. "Partner" means the person to whom you are married or who you ordinarily live with as a couple in the same household. A partner includes a partner of the same sex.
If you and your partner are not living in the same household but this physical separation is not because the relationship is at an end or is likely to be permanent but due to financial or other practical reasons, the Administrator will still require their financial information. For example, you may be living separately from your partner due to; job location, accommodation difficulties/requirements, financial reasons or the fact that one of the parties is in prison, hospital, residential care, awaiting the sale of the former matrimonial home etc.
If your partner is the opponent in the proceedings that you are applying for Legal Aid, we do not need to know about their income or savings / assets.
e) My mortgage repayments / rent is very high; will this be allowed for when my residual income is calculated?
If you pay a mortgage on the house you are living in, the Administrator will take into account housing costs of either 25% (one quarter) of you and your partner's total gross income per week (excluding Family Allowance and Severe Disability Benefit) or 90% of the mortgage payment per week, whichever is the lesser amount.
If you are renting the house you live in, the Administrator will take into account either 20% (one fifth) of you and your partner's total gross income per week,(other than Family Allowance and Severe Disability Benefit) or the amount of the weekly rent payable, whichever is the lesser amount.
We do not give you an allowance for the full amount of the rent or mortgage that you pay.
If you are paying board and lodging, we will allow you one half of the total amount being paid or the amount being paid for accommodation only, whichever is appropriate.
We will require evidence of any housing costs that you are paying.
f) I have some savings / assets / capital resources will this affect my eligibility for Legal Aid?
The value of any assets / capital resources worldwide will be taken into account; the Administrator will consider whether it is reasonable to expect you to use these to fund your legal advice and assistance.
Capital assets include anything which has a monetary value e.g. cash, savings, investments, premium bonds, shares, property, land, time shares, valuable furniture, paintings, jewellery, cars, rare registration numbers, boats, etc.
The capital resources limits for legal aid are the same as those set down by Employment and Social Security for persons applying for Income Support. The amount depends on the makeup of your family unit as follows:-a single householder or non householder with no children can have up to £15,000, a couple who ordinarily live together in the same household (whether a householder or non householder) with no children can have up to £18,000, a couple or single householder or non householder with one child dependant, £20,000, a couple or single house holder or non householder with two child dependants, £25,000 and a couple or single householder or non householder with three or more dependent children, £27,000.
If the family unit as set out above has aggregated capital resources in excess of the specified maximum amounts, the applicant will be ineligible for any legal aid funding
We do not take into account the house you live in or any assets that are in dispute within the proceedings for which you are applying for Legal Aid.
g) What happens if my income and savings is only just over the threshold?
There is a sliding scale whereby if you are only just over the financial threshold of residual income you will have to contribute a percentage (20,40,60 or 80%) of the total Legal Aid costs and disbursements of your case.
If you are assessed to be on a contribution in a criminal matter the Administrator will collect the contribution at the conclusion of the proceedings. Please note that the contribution will be payable to the Administrator whether you are acquitted, convicted or should the charges against you be dropped.
In civil matters you will be billed for your contribution by your Advocate as the case proceeds. If you are assessed to be liable for any contribution, you should ask your Advocate to keep you informed as to the amount of costs incurred as the case progresses.
Your contribution percentage may vary during the life of your Legal Aid certificate depending on any changes that may happen in relation to your (and any partner's) financial circumstances.
If you are over the capital limit (see 1f above) which applies to your personal circumstances, you are automatically ineligible for legal aid. This is even if you are eligible based on your residual income.
For full information see Circular 1: Assessment of Financial Means of Applicants.
Part two
The second part of the qualification can be found here: