public funding

• Where does the funding for legal aid come from?

  The government's budget.
• What does the fact that the funding for legal comes from the government's budget mean?

  A set amount is made available each year and the government can't afford to make legal aid available to everyone. In order to qualify there is a strict means test.
• Under previous legal aid systems, what cases is legal aid available for?

  All cases except those specifically excluded: small claims were always excluded.
• Since 2013, how has the availability to legal aid changed for civil cases?

  Legal aid isn't available for civil cases unless it's in a category that is specifically mentioned in the Act or other regulations.
• What are some civil cases that can't get public funding?

  • Breach of contract cases
  • Tort cases (e.g. claims for personal injury & trespass to the person, land, or property).
• What must a person applying for government-funded advice or representation show?

  That they don't have enough money to pay for their own lawyer.
• How does the government see if one is poor enough to qualify for public funding of legal aid?

  Their income and capital is considered.
• Which people automatically qualify for public funded legal aid?

  People receiving Income Support or Income-Based Job Seekers' Allowance, assuming their disposable capital is below the set level.
• If a person's gross income is below the set amount per month, what else has to be considered to see if they qualify for public funding of legal aid?

  Their disposable income.
• What has to be taken away from a person's gross income to calculate their disposable income?

  • Tax and National Insurance
  • Housing costs
  • Childcare costs / maintenance paid for children
  • An allowance for themselves and for each dependent
• When does the applicant not have to pay any contribution toward their funding?

  If their disposable income is below the minimum level.
• When does the applicant not qualify for the schemes provided by the Legal Aid Agency?

  When their disposable income is above the maximum level.
• When does the applicant pay a monthly contribution towards their legal funding?

  When their disposable income is between the minimum and maximum level.
• To qualify for legal aid, applicants must have a disposable income of below what figure?

  £733 and limited capital assets.