By order of the High Court (Peart J.) of 26 November 2007, the applicant was granted, by way of judicial review, to apply, inter alia, for annulment of the decision of the first defendant of 18 May 2007 refusing to issue her with a legal aid certificate. Rent or mortgage payments (in accordance with the tenancy/mortgage agreement) for the main dwelling minus the housing allowance received are deductible up to a limit of £545 if there are no dependants under this section – if there are dependents, there is no limit – minus any clearly identifiable amount such as water costs/council tax/insurance premiums. If you use legal services, you must notify us (through your lawyer) of any changes in your income or assets, for example: If you received a raise, the value of your social assistance changed or if you bought a new car or house. The reason you need to do this is because you must be entitled to legal services while receiving legal services until your case is closed. Just because your financial situation has improved does not necessarily mean that we will terminate your legal aid, although we may ask you to pay a higher contribution. 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. [Unless the partner has a conflicting legal interest in the case in which the client is seeking legal aid]. «The Commission may, in accordance with the provisions of section 37, provide legal aid or advice to an applicant regardless of its financial resources, and may waive or accept a contribution less than any contribution payable under this section and other provisions of section 37. » Income from legal aid in criminal matters which is not taken into account (Regulation 29) £179.46 is deducted from income if the applicant has a partner (see definition of partner in section 4.2). Note that this allowance applies regardless of whether or not there is an interest contrary to the claim between the client and the partner, unless their relationship is definitively severed (for example, in the event that the couple has an opposing interest in relation to a third mortgagee who wishes to take possession of his property but remains together); However, the deduction should not be made in disputes between couples of divorce or separation. If the client lives with a new partner with whom you have pooled their funds, the deduction should be given to the new partner.
The applicant sought annulment of the first defendant`s decision to refuse to issue her with a legal aid certificate. The applicant alleged that the first defendant had misinterpreted Article 16(3) of the Regulation and had concluded that she could not receive maintenance for her sister and nephew. The first respondent argued that the mother of the dependent parent in question had no discretionary decision in granting the allowance since she was receiving a single parent`s allowance. The applicant also submits that the first defendant wrongly assumed that it did not have a discretionary power to grant it legal aid without regard to its financial resources. The first defendant argued that it did not have such a discretion, since its power to grant legal aid or legal advice to an applicant without regard to its financial resources was expressly subject to the rules laid down in section 37 of the 1995 Act, which did not contain such a provision. `The main task of the Legal Aid Committee shall be to provide, within the limits of the resources of the first defendant and subject to the other provisions of this Law, legal aid and advice in civil matters to persons who fulfil the conditions laid down in this Law.` For clients who do not have dependants living in their household, i.e. for whom no dependant allowance has been granted (see section 6.2 above), the maximum monthly allowance in this respect is £545. This amount cannot be exceeded. If maintenance allowances have been granted, rent or mortgage repayment may be granted in full. If the client has a dependent child or parent living in the same household, you will deduct £290.70 per child or parent less the amount of independent income or benefits that child or any parent receives. If the dependent parent`s capital is more than £8,000, no deduction should be made for the calculation of the client`s disposable income.
(If the parents, etc. live in the same household but are separated, childcare allowance can only be claimed for ONE legal aid application by the parents – this is the parent who receives child benefit for the child, or (if no child benefit is received) then the parent who can prove that he or she has the primary care role with his or her own funds). 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.) Make sure the client is financially entitled to civil legal aid for income and assets. The Civil Legal Aid Regulations 1996, as amended by the Civil Legal Aid Regulations 2006, set out, inter alia, the criteria for financial eligibility for legal aid and legal advice. Article 13(2) provides that financial eligibility is to be assessed on the basis of the applicant`s disposable income and, where applicable, available capital. Section 16 of the Regulations provides that disposable income consists of income determined in accordance with the Regulations less a number of allowances. Article 16(1)(b) provides for an allowance of EUR 1 600 per year for each dependent parent of the applicant. «Dependants» in subsection 16(3) of the Regulations are defined as «dependants or other persons who have their permanent residence with the applicant, who are dependent on the applicant and who do not have independent means of subsistence.» These guidelines are based on the April 2018 rules. These instructions apply to controlled work. It is a non-contributory form of legal service. 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. In order to obtain civil legal advice, we must conduct a means test of your financial situation to determine if you are eligible for our services. To benefit from legal assistance and advice in civil matters, you need an annual disposable income of less than €18,000 and disposable assets of less than €100,000. In both cases, we apply certain allowances in the calculation. We do not take into account the house in which you live when calculating your wealth. The High Court (Edwards J.), in dismissing the plaintiff`s action against the first defendant 1, held that the first defendant had correctly interpreted Rule 16 § 3 of the Rules by holding that the applicant was not entitled to a dependant allowance if the applicant`s sister received a single parent allowance, and As such, it had an independent means. We may ask the Department of Employment and Social Protection to investigate the funds of anyone requesting or receiving legal services. In certain circumstances, we may ask you to provide additional documentation regarding the allowances you have applied for. Find out what capital resources your client needs to apply for legal aid. 5. It follows from the long title of the 1995 Law that the legal aid scheme provided for by that law is clearly aimed at persons who cannot afford legal services and therefore cannot grant legal aid or legal advice to an applicant without express authorisation and guidance, without taking into account his financial resources.
If a financial inquiry is done for a client who has separated from the child`s other parent, you must determine whether the deduction can be made for a dependent child (the deduction cannot be applied to both parents, even if the residence is shared). Generally, the deduction is made if the child lives in the client`s household and the client appears to be the child`s primary caregiver; The primary caregiver is usually the person receiving child support, but this is not always the case. If no person with parental responsibility has applied for child benefit, the allowance is granted if the child lives with the client and the client appears to be supporting the child with his or her money. (Note: If child support does not apply, a deduction may be made for child support (see section 6.3.) They do not contribute to cases of controlled work (also known as «legal aid») and family mediation. Although you may be eligible for legal aid, there are situations where you may have to contribute to the cost of your legal aid.