What is the criteria set for individuals in order to receive legal aid?
So, what is the criteria for legal aid? To qualify for legal aid, both the type of case and the financial circumstances of the applicant will be considered. Those seeking legal support for a family case will need to show that their case has due seriousness and that they are financially unable to pay for the services of a solicitor themselves. Bryan & Armstrong can offer legal aid support to any eligible family law customer due to the franchise we hold. Legal Aid can be an essential lifeline to victims of domestic violence and abuse as often the victim has financial issues due to the abuse. We can quickly determine if you are eligible for this support plus we offer a 20% discount on your first consultation with us across any aspect of family law.
In the UK, legal aid is provided to ensure that individuals with limited financial means can access legal advice and representation. However, not everyone qualifies, and there are specific criteria that must be met. Legal aid is typically available for both civil and criminal cases, but the criteria differ slightly depending on the type of case.
Financial Means Test
The first key criterion is financial eligibility. To qualify for legal aid, an individual must pass a means test, which assesses both their income and capital (savings or valuable assets). For most civil and family cases, if a person’s gross monthly income exceeds a certain threshold, they will not be eligible. As of 2024, the threshold for gross income is around £2,657 per month, although some allowances (such as child care or housing costs) are deducted. If the applicant’s disposable income (after deductions) is above £733, they will not qualify. Furthermore, if a person has more than £8,000 in savings or assets, they are typically not eligible for legal aid.
Merit Test
For civil cases, a merit test is applied to determine if the case has a reasonable chance of success. The Legal Aid Agency will assess the likelihood of the case winning, the legal merits of the claim, and whether a reasonable person would use their own money to pursue the case. In family cases, especially where child welfare or domestic abuse is concerned, the merit test may be more lenient.
Scope of Legal Aid
Legal aid is not available for all types of cases. It is typically offered for family issues (like child custody or domestic violence), housing matters (such as eviction), welfare benefits disputes, asylum cases, and certain debt problems. For criminal cases, legal aid is granted if the individual is charged with a serious offense or faces imprisonment, and a means test still applies.
Meeting these criteria ensures that legal aid is targeted to those who genuinely need assistance in accessing justice.
Bryan & Armstrong can support you with all aspects of family law, from divorce, domestic abuse, legal aid, unmarried couple disputes, arrangements for children and starting a new relationship
