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Follow these steps to work out whether you are likely to qualify financially for advice and assistance in either civil, criminal or children's cases.

You should read the help sections to make sure that you are using the correct information.

Remember that this is a guide to whether you are likely to be financially eligible. Your solicitor will go through these figures with you if you go ahead with your application, and will be able to tell you if you are eligible.

step 1About your household or situation

Tell us about your situation and any dependent relatives you may have living with you - this is a child or person who has no income of their own. The information you give here will automatically work out the allowances that you are entitled to.

help
help

step 2Do you/your partner receive Income Support or income-based Jobseeker's Allowance?

  • Yes - if you receive either of these benefits, you qualify automatically on income for advice and assistance and will not have to pay a contribution. But go to step 4 to check if you qualify on capital.

  • No - if you do not receive these benefits, continue with step 3 below .

step 3Work out your net weekly income
(your pay less tax and National Insurance contributions if you are employed.)

This is the total income, from all sources, you and your partner receive or become entitled to in a week.

If any payments are made monthly, multiply these by 12 and then divide by 52 to work out the weekly figure.

Please complete all boxes - put in 0 if you do not receive an income or make maintenance payments.

 

help
help
help

Depending on the amount of your weekly disposable income, you may have to pay a contribution - see the section on this below.

step 4Now work out your total capital.

Now that you have calculated if you qualify on income grounds, you need to work out if you qualify on capital.

Add up all your capital (and the capital of your partner if appropriate) - this means savings and anything else of value that you own.

help
help

step 5Do you qualify?

You are likely to qualify for advice and assistance if:

  • Your weekly disposable income is £223 or less (or you are on income support or income-based Jobseeker's Allowance)

and

  • Your disposable capital is £1,561 or less.

Please complete the figures above

Remember these figures are only a guide, and your solicitor will go through them with you if you decide to go ahead with your application.

If you decide to go ahead with your application, when you visit your solicitor you should take along proof of your income and capital. Your solicitor will also have to be sure that the matter you are asking for advice on is a matter of Scots law.

You can read more about this type of legal aid in our leaflets on civil legal assistance, or leaflets on criminal legal assistance.

If you do not yet have a solicitor, try our easy to use find my nearest legal aid solicitor search service.

 

Do you have to pay a contribution?

Depending on your disposable income, you may have to pay a contribution – this is calculated on the following scale:

Weekly disposable income

Contribution

Disposable income £95 or less

No contribution

More than £95 but not more than £102

£7

More than £102 but not more than £109

£14

More than £109 but not more than £116

£21

More than £116 but not more than £123

£28

More than £123 but not more than £130

£35

More than £130 but not more than £137

£42

More than £137 but not more than £144

£49

More than £144 but not more than £151

£56

More than £151 but not more than £158

£63

More than £158 but not more than £165

£70

More than £165 but not more than £172

£77

More than £172 but not more than £179

£84

More than £179 but not more than £186

£91

More than £186 but not more than £193

£98

More than £193 but not more than £200

£105

More than £200 but not more than £207

£112

More than £207 but not more than £214

£119

More than £214 but not exceeding £223

£124

More than £223

Not eligible

If you have a contribution to pay, this is paid to your solicitor and he/she will discuss with you how it is to be paid, either as a lump sum or in installments. You will not have to pay a contribution based on your capital for advice and assistance.

If you are receiving "diagnostic" civil advice and assistance - where your solicitor finds out more about your problem in certain situations - a different contribution scale applies. The same scale applies if you are getting "general" criminal advice and assistance. If you have to pay a contribution in a diagnostic or general case, the amounts are:

Weekly disposable income

Diagnostic or general contribution

Disposable income £95 or less

No contribution

More than £95 but not more than £123

£7

More than £123 but not more than £151

£14

More than £151 but not more than £179

£21

More than £179 but not more than £200

£28

More than £200 but not more than £223

£35

More than £223

Not eligible

Read more about diagnostic civil advice and assistance in our leaflet "A guide to civil legal aid."

What you may have to pay

When your solicitor finishes giving you advice and assistance, his or her bill will be paid:

a) first, from any contributions you pay

b) second, from any costs your opponent pays

c) third, if the first two are not enough, from any property you win or keep

d) fourth, if the first three are not enough, by us, the Scottish Legal Aid Board.


 

The eligibility information included above applies from 7 April 2008..

 

The Scottish Legal Aid Board can provide funding for legal advice for people who qualify. This may be free, or you may have to pay towards the cost of your case.

Advice and assistance helps pay for advice from a solicitor on any matter of Scots law. To apply for advice and assistance, you should see your local solicitor who undertakes legal aid work.

You can read more about this type of legal aid in our leaflets on civil legal assistance, or leaflets on criminal legal assistance.

If you do not yet have a solicitor, try our easy to use find my nearest legal aid solicitor search service.

 

 

 

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