To calculate eligibility on income, you should:
- check if your client receives a passport benefit (see below)
- calculate your client’s net weekly income
- deduct from the net weekly income the standard allowances and any reasonable expenditure
- calculate if they qualify and if they have to pay a contribution.
When calculating monthly income, multiply it by 12 and then divide by 52 to work out the weekly figure. To make assessment easier, round the figure up or down to the nearest pound.
Passport benefits – automatically eligible
If the client or their partner receives a passport benefit:
- Income Support
- income-related employment and support allowance
- income-based jobseeker’s allowance
- Universal Credit.
they qualify automatically on income for Children’s Legal Aid and will not have to pay a contribution. If they are in receipt of a passport benefit there is no requirement to assess the disposable capital.
Calculating net weekly income
You must include:
- earnings (including any tips), drawings or profits from business
- benefits (except those listed below)
- maintenance payments (unless paid through the Child Support Agency)
- private or employee pensions
- occupational sick pay
- occupational maternity pay
- student grants or bursaries (but do not include student loans)
- National Asylum Support Service (NASS) payments
- money received from friends and relatives (other than loans)
- income from savings and investments
- dividends from shares.
Various benefits which the client may receive are disregarded in the financial assessment. You should not include:
- Income support
- Income-based jobseeker's allowance
- Carer’s Allowance Supplement
- Care Experienced Student Bursary
- Carer Support Payments
- Disability living allowance
- Income-related employment and support allowance
- Universal credit
- Personal independence payment
- Armed forces independence payment
- Any Scottish child payment
- Child disability payment and short term assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021
- Adult disability payment and short term assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022
- any means-tested additional payment made under section 1 or 4 of the Social Security (Additional Payments) Act 2022 (cost of living)
- any disability additional payments made under section 5 of the Social Security (Additional Payments) Act 2022 (cost of living)
- additional payments introduced to assist during the cost of living crisis via the Social Security (Additional Payments) Act 2023 and Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023
- Payment by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 (power to advance well-being) and using funds provided by Scottish Ministers from the Scottish Welfare Fund where the payment is:
- crisis payment made for the purpose of meeting an immediate short term need; or
- made for the purpose of meeting a need for community care.
- Grenfell Tower compensation scheme payments
- Human trafficking or exploitation victim payments (payments made in terms of s.9 of the Human Trafficking and Exploitation (Scotland) Act 2015, regulations made under s.10 of that Act or by way of support provided under a Modern Slavery Victim Care Contract)
- Infected Blood Compensation Scheme payments (UK scheme)
- Jobseeker's Allowance - contribution-based
- Miscarriage of justice payments
- Pension age disability payment and short term-assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024
Allowances for a partner and dependants
| Partner living with the applicant. |
£52.60 |
| Any dependent person, adult (other than partner) or Child, who is wholly or substantially maintained, being a member of the applicant’s household. Do not make an allowance for any child for whom Foster care or Kinship care allowance is paid. |
£84.66 |
If the applicant’s disposable income capital exceeds £222 per week, they can only be considered financially eligible if it can be shown that it would cause undue hardship if children’s legal aid is not granted. If the application is granted on these grounds the applicant will be expected to pay a contribution based on their actual disposable income.
A person involved in the proceedings in terms of section 126 of the Children’s Hearings (Scotland) Act 2011 whose disposable income exceeds £222 per week can only be granted children’s legal aid if it can be shown that not to do so would cause undue hardship to them or their dependents. If the application is granted on these grounds the applicant will be expected to pay a contribution based on their actual disposable income.
Particular situations
It is not required to aggregate the resources of any person who owes an obligation of aliment to the child, with that child’s resources in establishing financial eligibility in assessing financial eligibility for children’s legal aid.
