Dependents and the cap on legal help entitlement.

Does anyone know about the capping involved when declaring housing costs, on the legal help form. Allowance for rent/mortgages is capped at £545 where there are no dependents living with the petitioner.

My partner is paying his mortgage, but has recently had to give up paying the second charge on the marital home, because he couldn't afford anywhere to live himself, if he didn't. Yet, now, he isn't entitled to legal help, I think, because the children of the marriage are not living with him. In effect his housing cost claim is capped to reflect this. He is paying maintenance and wanted to continue with the loan, but just couldn't afford it. His ex refuses to pay anyhing at all; believing that because he left, he should pay for everything.

He has decided to petition himself, because of this. He knows that the property is at serious risk of repossession if his ex doesn't pay the loan soon.

If he was not capped, his disposable income would be about £6.00. So, his income isn't really disposable, as he still owes rent/mortgage.

Hi there

You can ring CLS and ask them any questions you have about legal help. You can also go to their website, or of course ask the sol who is dealing with it.

Amanda