Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

The resources of spouses and partners have to be taken into account when assessing financial eligibility. With the exception of the following:

  • The opponent has a contrary interest.
  • The parties are living separate and apart.
  • It would be inequitable or impractical to do so.

The parties are not automatically “living separate and apart” for the purposes of financial assessment just because your client is in prison.  For the spouse or partner’s financial resources to be disregarded, the marriage or relationship must be at an end.

Therefore, you should satisfy yourself on the financial resources of a prisoner’s spouse or partner and obtain the verification described, unless any of the above exceptions apply.

SLAB’s role in verifying receipt of income-related benefits: DWP link

In this section

Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for civil advice and assistance: an introduction

An introduction to the financial verification required for Civil Advice and Assistance.

Verification of financial eligibility for advice and assistance or ABWOR

Obtaining financial verification deemed unchargeable     

View the general principles behind financial verification requirements for Civil Advice and Assistance.  

Verification of financial eligibility for advice and assistance or ABWOR

SLAB’s role in verifying receipt of income-related benefits: DWP link

Learn more on the assessment of income when determining eligibility for Civil Advice and Assistance.