Public Funding (formerly Legal Aid) is available via the Legal Services Commission.

There are available different types and levels of Public Funding, including the provision of Legal Help, Approved Family Help and Legal representation.

Legal Help

Eligibility

Those persons in receipt of the following state benefits are automatically eligible:-

1. Income Support;

2. Income Based Job Seeker’s Allowance;

3. Guarantee State Pension Credit;

4. NASS Support.

For those persons who are not in receipt of the above, one must have a disposable income of less that £649 per month. Disposable income is calculated as follows:-

1. Gross monthly income minus:-

   • Tax and National Insurance;

   • Rent or Mortgage payment;

   • Dependant’s allowances (for every child under the age of 15, deduct £198.06 and for each other dependant, which includes a partner, deduct £141.87);

   • Work Travelling Expenses (to a maximum of £45 per month);

   • Maintenance payments.

One will not be eligible if their financial interest in a property, namely the equity in that property, exceeds £100,000.

If a person is eligible for Legal Help, it is necessary for that person to provide documentary evidence of their income i.e. Wage slips/P60.

An example of Legal Help

Legal Help is available in undefended divorce proceedings and covers:-

• Advice on divorce and judicial separation;

• Drafting documentation, including the Petition;

• Advising on the Court’s procedure to obtain a divorce;

• Advising and obtaining a decree nisi and decree absolute (see section on divorce).

Legal Help does not cover attendance at Court.

Certificate for Public Funding

Eligibility

Those persons in receipt of the following state benefits are automatically eligible, provided they do not have savings of more than £8,000:-

• Income Support;

• Income Based Job Seeker’s Allowance;

• Guarantee State Pension Credit;

• NASS Support.

For all other applicants, one must not have a gross monthly income of more than £2,800 nor savings exceeding £8,000.

One must have a disposable income of less than £649 per month. The disposable income is calculated as referred to above.

Where no contribution is payable, and provided the merits tests is met, a Certificate will be granted.

Contributions

• If a client’s disposable income is between £280 and £411, a contribution of one quarter if income in excess of £275 is payable;

• If a client’s disposable income is between £412 and £545, a contribution of £34 plus one third of income in excess of £411 in payable;

• If a client’s disposable income is between £546 and £649, a contribution of £78.70 plus half income in excess of £545 is payable.

If a contribution is payable, then the funded client needs to agree to the terms of the contribution before a Certificate is issued.

Approved Family Help consists of general Family Help or Help with Mediation.

General Family Help is available for those who require assistance in resolving a dispute. The assistance is by way of negotiation, the issue of Court proceedings and representation in those proceedings. It does not cover representation at a contested final hearing.

Help with Mediation

If a client is taking part in Mediation then the solicitor can assist by advising on the legal implications of a mediation settlement.

Legal Representation

Available for those persons who requires legal representation at a final hearing at Court.

Please note that The Legal Services Commission can look to the funded party to pay the totality of legal costs from recovered or preserved property. This is known as the ‘Statutory Charge’.

The above information is to be used as a general guideline only. The Legal Services Commission has a very helpful website at www.lsc.gov.uk and all users are referred to that website in order that they may obtain further information.