The initial threshold for disposable capital in summary cases matches the current advice and assistance limit. Please see the Keycard for the current limit.
What is capital?
In this context, capital means savings and anything else of value owned by your client:
All land and buildings that your client owns (other than their main home)
Interests in timeshares.
Equity in a property that may or may not be rented out that your client does not live in and is not the family home
Money in the bank, building society, post office, premium bonds, National Savings Certificates etc.
ISA’s, investments, shares, bonds, etc.
The value of other non-essential possessions, such as a boat, a caravan, second car, jewellery (but not wedding or engagement rings), antiques or items bought for investment purposes
Money owed to your client;
Money due from the will of someone who has died
Money due from a trust fund
Money that can be borrowed against personal or business assets
The following are not included as capital:
Home in which your client and their partner lives
Client’s household furniture and clothing
Client’s tools and equipment they need for work
The value of the client’s car, unless it is of high net value
Any sums received as back payments of State Benefits
Payments made from or in connection with the Windrush Compensation Scheme
Payments made from or in connection with Scottish Child Payments
Child Disability Payments (CDP)
Short Term Assistance Payments while CDP award is under appeal.
Where your client declares capital, we will require recent proof. For instance, if the capital is in an account such as an ISA, a recent copy statement is required for that account.
If capital or savings sums are used to cover weekly living expenses, we can consider these savings as weekly income instead. To do this we need to know the length of time this capital sum is to cover. We convert the sum to a weekly income amount, based on the timescale the capital is supposed to cover. This then removes the capital from our capital assessment but includes the sum as weekly income. We require verification of the sum declared and confirmation of the period to be able do this.
Any redundancy payments are usually included as capital. However, if an element of the redundancy payment covers any notice period, this should be declared as income.
Where your client lives with a spouse/partner and or any dependant person or child, a standard allowance against capital is deductible for each dependant at the rates given in the current advice and assistance Keycard.
If your client is of pensionable age, we may disregard some aspects of their capital depending on their disposable income. The current advice and assistance Keycard provides details of the disregards.
Your client’s disposable capital is the capital figure remaining, after deducting any allowances and/or disregards.
Client’s disposable capital below the limit
Any client with disposable capital below the capital limit qualifies for criminal summary legal aid on capital.
Client’s disposable capital above the limit
However, if the figure exceeds the current limit of £1716, we will consider the nature of the case and determine whether it would cause undue hardship to the client to pay their own legal costs. Your client may still be eligible for legal aid, depending on the nature of the case.