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Financial assessment where applicant has deprived themselves of resources: no disregards given
Under regulation 12, we must consider capital disposed of before an application was made. We have to decide if
- applicants have deprived themselves of resources that would otherwise have been taken into account in assessing their financial eligibility and any contribution payable, or
- converted them into other resources which have to be disregarded under the regulations.
If we consider an applicant has disposed of funds in this way, regulation 12 allows us to assess their means as if they had not disposed of or converted the resources.
When considering these issues, we take into account the whether it was necessary to spend the funds in question and the timing of the disposal in relation to the knowledge that litigation was likely.
Financial eligibility for civil legal aid: general conditions and limits
Satisfy yourself that the client is financially eligible for civil legal aid with reference to income and capital.
Choosing the right financial information form for the client
Use the appropriate civil application financial form depending on clients circumstances
Civil legal aid assessment period and its consequences: ‘period of computation’
View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.
Taking partners’ financial resources into account: civil legal aid
Learn about how partner is defined, contrary interest and parties living apart when considering financial resources for civil legal aid.
Civil legal aid: how we calculate income and what’s included
Learn about assessment of wages/salary from employment, net profit from self-employment or business, other souces of income and things that can be disregarded.
Civil legal aid: assessment of capital resources and relevant disregards/allowances
Find out which of your client's capital resources must be taken into account when applying for legal aid.
Calculating disposable capital and disregards: are the resources the subject matter of dispute?
Assessing the clients disposable capital and guidance on the relationship between subject matter of dispute and clawback
Financial assessment for special categories of applicant
The financial resources of any person who owes a POA to a child applicant are to be treated as part of the child’s own resources unless unjust to do so.
Appellate proceedings: is a fresh financial assessment and additional contribution necessary?
We may reassess disposable income and disposable capital if there has been a change in circumstances that would normally result in a reassessment.
Adults With Incapacity (Scotland) Act 2000: modified financial assessment process
Guidance on modified financial assessment process in Adults with Incapacity cases
Will my client be liable to pay a contribution?
Information on how instalment rates of maximum contribution are set and the relationship with case cost.