Eligibility Checklist for Civil Legal Aid
Check whether your case may qualify for civil legal aid funding under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Overview
Civil legal aid in England & Wales is administered by the Legal Aid Agency (LAA) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Legal aid was significantly reduced by LASPO — most areas of civil law (debt, housing, employment, family) were removed from scope unless there are exceptional circumstances. Where it is available, applicants must pass both a means test (income and capital) and a merits test (likelihood of success and proportionality).
Scope — Is Your Case Covered?
Your case involves a matter still in scope under LASPO Schedule 1, such as: domestic abuse, housing (eviction, disrepair, homelessness), debt (where risk of losing home), asylum, mental health, community care, or public law (judicial review)(Essential)
Most employment, consumer, and neighbour disputes are NOT in scope. Check Schedule 1, Part 1 LASPO
If out of scope, consider whether exceptional case funding under s.10 LASPO applies (breach of ECHR rights)
Means Test
Your gross monthly income is at or below the upper limit (currently approximately £2,657/month, subject to dependant allowances)(Essential)
Your disposable monthly income is at or below £733 (above this you do not qualify)(Essential)
Your capital (savings, investments, equity in property) does not exceed £8,000 for most civil legal aid, or £3,000 if your case is an immigration matter under regulation 8(3)(Essential)
Certain assets are disregarded: your main home (in most cases), subject to a statutory charge
You receive a passporting benefit (Universal Credit, Income Support, income-based JSA or ESA) which automatically passes the income test
Merits Test
Your case has sufficient prospects of success (generally at least 50% or 'moderate' for most cases; some require 'good' prospects)(Essential)
The costs of the funded work are proportionate to the likely outcome and benefit(Essential)
There is no other funding available (e.g. trade union, before-the-event insurance)(Essential)
Related Guides
Related Rights
Official Resources
Frequently asked questions
- Who manages civil legal aid and what are the main requirements to qualify?
- Civil legal aid in England and Wales is administered by the Legal Aid Agency under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. To qualify, your case must be within the legal scope, and you must pass both a means test, which assesses your income and capital, and a merits test, which evaluates the likelihood of success and the proportionality of costs.
- Which types of civil cases are still covered by legal aid?
- Most areas of civil law, including debt, housing, employment, and family matters, were removed from scope by LASPO unless exceptional circumstances apply. Cases still in scope include domestic abuse, specific housing issues like eviction or disrepair, debt where there is a risk of losing your home, asylum, mental health, community care, and public law matters such as judicial review.
- What does the merits test assess before legal aid is granted?
- The merits test requires that your case has sufficient prospects of success, generally at least 50% or 'moderate' for most cases, with some requiring 'good' prospects. Additionally, the costs of the funded work must be proportionate to the likely outcome and benefit. You must also demonstrate that no other funding sources, such as trade union support or before-the-event insurance, are available.