Legal Aid Quick Query

One of the first FREE questions was;

 

"What is the maximum income to qualify for legal aid UK?"

My reply was

Thank you for your question "What is the maximum income to qualify for legal aid UK?"

 

The quick answer is that an individual is eligible for legal aid if their gross annual income is not more than £12,475.00.

However this is actually not a straightforward question;

 

Legal Aid rules are different depending on whether it is a civil matter or a criminal matter.

 

Civil legal aid is both means tested and merits tested and depends on the area of law. Some disputes are covered by legalaid and are not means tested, for example care proceedings for children, mental health tribunals etc.

 

The means test checks your income, capital and resources. The merits test varies according to the type of law involved but is essentially to ensure that public money (legal aid) is not spent on frivolous cases. Even if you pass both tests you may be required to make a contribution towards your costs, but again there is a list of exceptions to this rule too.

 

Criminal legal aid is a bit different, it also looks at the merits, to see whether the case is "in the interests of justice" and subject to the "Widgery" criteria based on seriousness, e.g. the likelihood of a custodial sentence, and there is also a means test.

 

Unfortunately what was a great question from you is actually really quite complicated and I'm sorry I can't give you a definitive answer in this email.

 

If you would like further advice I am happy to help you, alternatively you can approach a local solicitor, an online search should tell you which solicitors in your area accept legal aid clients and they should help you to apply for legal aid if they believe you may qualify. Some solicitors even offer a free half hour of advice.

 

If you would like more support, or if you are not eligible for legal aid, I may be able to help you and keep the costs down a bit.

 

Good luck and I hope I've helped you. If I have and you would like to leave me a review I would be very grateful.

Ali

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