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 (£3,000 for legal help)(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)