What are the financial limits for qualifying financially?
To qualify, you must show that both your income and your capital (savings and items of value you own) are within the current financial limits set by the Scottish Parliament.
You are likely to qualify for advice and assistance if:
your disposable income (the figure in box 4) is £234 or less (or you are on income support, income-based jobseeker’s allowance, or income-related employment and support allowance)
your disposable capital (the figure in box 7) is £1,639 or less. But if you are a pensioner with capital of more than £1,639, you may still qualify – speak to your solicitor about this.
If you think you qualify, make sure you have checked whether you will have to pay a contribution based on your income. For advice and assistance, you will not have to pay a contribution based on your capital.
Paying contributions
If you have to pay a contribution, you pay it to your solicitor. They will discuss with you how to pay it, either as a lump sum or in instalments.
Paying in civil cases that are diagnostic advice and assistance
Sometimes your solicitor may grant you “diagnostic” advice and assistance. This allows them to find out more about your problem and decide whether they can help you with it under advice and assistance.
If you have to pay towards this advice and assistance work, the most you will have to pay is £35. Your solicitor will discuss with you how you can pay.
If they decide they can help you with your problem under full advice and assistance, they can ask you for a contribution. If they do, any contribution you have paid towards the diagnostic advice and assistance will be taken off the contribution you pay towards full advice and assistance.
Would I need civil legal aid?
If you think that you will also want a solicitor to take your case to court, you should apply for civil legal aid from your solicitor. You can read more on our pages on civil legal assistance, from where you can get our leaflet A guide to civil legal aid.
Remember, if you do not qualify for advice and assistance, you may still qualify for civil legal aid, and vice versa – ask your solicitor about this.
What should I take when I go to see my solicitor?
If you decide to apply for advice and assistance, you should take along evidence of your income and capital when you first visit your solicitor.
For example, you should take:
recent wage slips or accounts if you are self-employed
pension or benefit order books
current benefits award letter or benefits notification
details of any savings – for example a bank statement or passbook.
If you do not provide this evidence at the start, your application may be delayed. Your solicitor can only start working for you if they are satisfied that the information you have given about your financial circumstances is right.
Your solicitor will also have to be sure that the matter you are asking for advice on is a question of Scots law.
Where can I get help if if I do not qualify?
Free advice is available from various organisations such as:
Shelter (which deals with housing issues) – visit their website.
They may be able to help with your case, and help you decide whether you need legal advice. Please go to their websites or look in Yellow Pages for their contact details.
You may also find that you can get help through your trade union or insurers.
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.
Remember that this calculator 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.
