SE and Legal Aid

Is it easier to get legal aid if ur SE than salaried??

Thanks

Since nobody has answered, I think I better had.

Legal Help if you're getting benefits

If you’re getting Income Support, income-based Jobseeker’s Allowance or the guarantee credit part of Pension Credit, you’ll automatically qualify for Legal Help. Also, you'll automatically qualify for Legal Help for asylum and immigration matters if you're an asylum seeker getting government asylum support. Otherwise you have to meet both income and capital conditions.

Legal Help if you have income

If your gross monthly income is over £2,530 you won't get Legal Help. 'Gross income' means before tax and national insurance are taken off and it excludes certain social security benefits. If you have more than four children, this limit goes up by £211 for the fifth and each additional child. You have to include your partner's income unless your partner is the person who you are in dispute with.

If your gross monthly income is £2,530 or less, your solicitor or adviser will then check out what is your disposable income. 'Disposable income' is the amount of income you have left after deductions have been made for national insurance, child support and tax. Also, if you have a partner who isn't earning or if you have children, a certain amount of your income won't be taken into account. If your partner is earning, their income will be taken into account, unless your partner is the person who you are in dispute with.

To qualify for Legal Help, your disposable monthly income can't be more than £698. If you are within this limit, you don't have to pay anything towards Legal Help.

Legal Help if you have capital

If you have disposable capital (savings) of over £8,000, you won't get Legal Help. Disposable capital includes:

* money in the bank
* valuable items
* the value of your home (if you own it). This depends on how much the property is worth and how much your mortgage is.

You have to include your partner's capital unless your partner is the person who you are in dispute with.

If you're getting Income Support, Income-based Jobseeker's Allowance or the guarantee credit part of Pension Credit, you'll automatically get Legal Help regardless of the value of your home or of any other capital you have.


In practice it is probably easier to get Legal Help if you are employed ; if you are self employed you would, I assume, have to produce accounts.

Mike

Thankyou for that very informative reply..... maybe u can answer me this.. do you know what statutary charge is and how it is applied??... also if a person was to qualify for legal aid do they have to pay it back?

TA!!

Yes, you usually do have to pay it back and any solicitor who undertakes legal aid work is obliged by the terms of the franchise to inform you of this.

The statutory charge means that in certain circumstances repayment of the loan can be postponed. This usually involves cases where the marital home is in issue, as it would defeat the object if you had to sell the home to raise money to repay your legal aid. What then happens is that the charge is registered against the title, to ensure the Legal aid get their money back when the house is sold.

Mike