CIVIL LEGAL ASSISTANCE

Many more people to get civil legal aid

Up to a million more people will now be eligible for civil legal aid as eligibility is extended, from 7 April 2009, to those with disposable incomes of up to £25,000. This means that around three quarters of Scottish adults are likely to qualify financially for legal aid.

The change has been made possible following a Scottish Government announcement in November 2008, as part of a move to increase access to justice, in the context of a tougher economic climate.  

What does this mean for me?

Previously, you couldn’t get civil legal aid at all if your disposable income was over £10,306. (Disposable income is your income from earnings, benefits and so on after taking off allowances for outgoings such as rent, people who are dependent on you and other essential expenses.) That limit has more than doubled to £26,239.  Your gross income may be much higher than this.

The limit on the amount of disposable capital you can own (your capital leaving out, for example, the house you live in, and equipment you need for your work) has also risen, to £13,017.

If we decide you qualify for legal aid, depending on your income and any capital you have, you may have to pay a contribution towards the cost of your legal aid. If so, you can usually pay this in instalments.

What’s the most I’m likely to have to pay?

You can go to our online calculator to get a quick estimate of whether you’re likely to qualify financially, and what you might have to pay. 

If your disposable annual income is £3,521 or less, you won’t have to pay a contribution from income. 

• If it’s more than £3,521 but £11,540 or less, you may have to pay 1/3 of the difference between £3,521 and your disposable income.
• If it’s more than £11,541 but £15,743 or less, you may have to pay
• 1/3 of the difference between £3,521 and £11,540 plus
• 1/2 the difference between £11,541 and your disposable income.
• If it’s more than £15,743, you may have to pay
• 1/3 of the difference between £3,521 and £11,540 plus
• 1/2 the difference between £11,541 and £15,743 plus
• all the remaining disposable income between £15,744 and £26,239.

You may also have to pay a contribution from any capital you have.

You may not have to pay all of the assessed contribution

Talk to your solicitor – if they think the case will cost less than the maximum contribution we assess you should pay, we may be able to restrict your contribution. (But if the case eventually costs more than they estimated, we may still have to ask you to pay some or all of the rest of the assessed contribution.)

And you may be able to get some or all of your contribution back if

• the court orders your opponent to pay the costs of the case (and your opponent pays these) or
• you pay more in contributions than the cost of the case.

Is this all I’ll have to pay?

We have to try to get back any money we pay in a civil case:

• first, from any costs that an opponent pays
• second, from any contributions we ask you to pay
• third, if the first two are not enough, from part or all of any money or property you keep or win
• finally, if these are not enough, from our own funds.

For more information about what you could have to pay towards your legal aid, read our leaflet.

If you want to find out more about financial eligibility for civil legal aid phone our Financial Assessment Unit on 0845 123 2330