The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

CHAPTER 1 E+W Financial eligibility limits and waivers

Determination in respect of an individual's financial resources E+W

4.—(1) This Part applies for the purposes of determining whether an individual qualifies for civil legal services under Part 1 of the Act in accordance with section 11(1)(a).

(2) Subject to regulation 5, the Director must determine whether the individual's financial resources are such that the individual is eligible for civil legal services in accordance with these Regulations.

Exceptions from requirement to make a determination in respect of an individual's financial resources E+W

5.—(1) The following forms of civil legal services [F1 are available] without a determination in respect of an individual's financial resources—

(a) such legal help and help at court as is authorised, under the provider's arrangement with the Lord Chancellor under section 2(1) (arrangements) of the Act, to be provided without a determination in respect of an individual's financial resources;

(b) such forms of civil legal services as are provided through grants under section 2(2) (arrangements) of the Act where the terms of the grant provide that the services are available without a determination in respect of an individual's financial resources;

[F2 (ba) legal representation or family help (higher) where the individual is a child;]

(c) legal representation in a special Children Act 1989 case;

(d) legal representation in proceedings related to any proceedings in sub-paragraph (c) to the extent that the individual to whom the legal representation may be provided is an individual to whom legal representation is being provided under sub-paragraph (c) and—

(i) the proceedings are being heard together with those proceedings referred to in sub-paragraph (c); or

(ii) an order is being sought in the proceedings as an alternative to an order in the proceedings referred to in sub-paragraph (c);

[F3 (da) legal representation in a parental placement and adoption case;

(db) legal representation in a parental guardianship case;]

(e) family help (lower) in any matter described in paragraph 1(1)(b) (care, supervision and protection of children) of Part 1 of Schedule 1 to the Act to the extent that the matter concerns contemplated proceedings under section 31 (care and supervision orders) of the Children Act 1989 M1 and the individual to whom the family help (lower) may be provided is—

(i) the parent of a child, or the person with parental responsibility for a child within the meaning of the Children Act 1989 in respect of whom a local authority has given notice of contemplated proceedings under section 31 of that Act; or

(ii) in the case of an unborn child in respect of whom a local authority has given notice of contemplated proceedings under section 31 of the Children Act 1989, the person who, following the birth of the child—

(aa) will be the parent of the child; and

(bb) will have parental responsibility for the child within the meaning of the Children Act 1989;

(f) legal help in contemplated proceedings or legal representation in proceedings or contemplated proceedings in relation to any matter described in paragraph 5(1)(a) or (b) (mental health and repatriation of prisoners) of Part 1 of Schedule 1 to the Act to the extent that the individual's case or application to the relevant tribunal under the Mental Health Act 1983 M2 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M3 is, or is to be, the subject of proceedings before the relevant tribunal;

(g) legal representation in relation to a matter described in paragraph 5(1)(c) (mental capacity) of Part 1 of Schedule 1 to the Act to the extent that—

(i) the legal representation is in proceedings in the Court of Protection under section 21A of the Mental Capacity Act 2005 M4 ; and

(ii) the individual to whom legal representation may be provided is—

(aa) the individual in respect of whom an authorisation is in force under paragraph 2 of Schedule A1 to the Mental Capacity Act 2005; or

(bb) a representative of that individual appointed as such in accordance with Part 10 of that Schedule;

[F4 (ga) such family mediation as is a Mediation Information and Assessment meeting for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—

(i) A is a party to the Mediation Information and Assessment meeting; and

(ii) the Director has made a determination that the financial resources of another individual who is a party to that meeting (“B”) are such that B is eligible, for that meeting, for such family mediation as is a Mediation Information and Assessment meeting;]

[F5 (gb) such family mediation as is the relevant mediation session for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—

(i) A is a party to the relevant mediation session; and

(ii) the Director has made a determination that the financial resources of another individual who is a party to that session (“B”) are such that B is eligible, for that session, for such family mediation as is a relevant mediation session;]

(h) legal representation in relation to any matter described in paragraph 17(1)(a) and (b) ([F6 Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act, to the extent that the matter relates to an applicant under the 1980 European Convention on Child Custody M5 or 1980 Hague Convention M6 ;

[F7 (ha) family mediation in relation to any matter described in paragraph 17(1)(b) ([F8 Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act to the extent that the matter relates to an applicant under the 1980 Hague Convention;]

(i) legal representation in a case in which the applicant is an individual who, in the State of origin, has benefited from complete or partial legal aid, or exemption from costs or expenses, in relation to any matter described in—

(i) paragraph 17(1)(c) ([F9 Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act; or

(ii) paragraph 18(1) ([F10 Transitional EU arrangements ] and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act;

(j) family help (higher) or legal representation in relation to any matter described in paragraph 18(3) (parties who benefited from free legal aid etc. in the Member State of origin) of Part 1 of Schedule 1 to the Act;

[F11 (ja) family help (higher) or legal representation in relation to any matter described in—

(i) paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act, where Article 17(b) of the 2007 Hague Convention applies; or

(ii) paragraph 18(3B) (proceedings to which Article 17(b) of the 2007 Hague Convention is applied) of Part 1 of Schedule 1 to the Act;]

(k) legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(2) ([F12 Transitional EU arrangements] and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act, to the extent that the matter—

(i) relates to any application under Article 56(1) of the EU Maintenance Regulation M7 ; and

(ii) is an application made by a creditor concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; F13 ...

[F14 (ka) legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act where the matter is an application made by a creditor under the 2007 Hague Convention concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; F15 ...]

(l) civil legal services in relation to a matter described in paragraph 45(1) (terrorism prevention and investigation measures etc) of Part 1 of Schedule 1 to the Act to the extent that the services consist of—

(i) legal help or legal representation for an individual who is the subject of an application for permission under section 6 of the Terrorism Prevention and Investigation Measures Act 2011 M8 , in respect of such an application;

(ii) legal help for advice in connection with a TPIM notice M9 for an individual who is subject to that notice;

(iii) legal help for an individual who is subject to a TPIM notice, in respect of an application—

(aa) to vary measures specified in that notice under section 12(2) of the Terrorism Prevention and Investigation Measures Act 2011;

(bb) for revocation of that notice in accordance with section 13(3) of the Terrorism Prevention and Investigation Measures Act 2011;

(cc) for permission under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; or

(iv) legal representation in respect of TPIM proceedings for an individual who is subject to a TPIM notice.

[F16 (m) other legal services at an inquest under the Coroners and Justice Act 2009 into the death of a member of the family of the individual who has made an application where the Director has made a relevant determination; F17 ...

(n) legal helpat an inquest under the Coroners and Justice Act 2009 to the extent that the individual to whom the legal help may be provided is an individual to whom sub-paragraph (m) applies.]

[F18 (na) legal help in relation to an inquest where the Director, having considered the available evidence, considers that if the individual were to make an application under s10(2) or (4) of the Act for representation at the inquest, the application would be reasonably likely to succeed.]

[F19 (o) legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—

(i) the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority; and

[F20 (ii) the applicant makes or proposes to make an application to appeal to either the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 or the Education Tribunal for Wales in accordance with section 70 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, in respect of that child;]

(p) legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) [F21 or the Education Tribunal for Wales] where—

(i) the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority;

[F22 (ii) the applicant makes an application to either the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 or to the Education Tribunal for Wales in accordance with section 70 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, in respect of that child; and]

(iii) the Director has made a determination under section 10(3) of the Act;

(q) legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—

(i) the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;

[F23 (ii) the applicant making or proposing to make an application to appeal to the First-tier Tribunal or to the Education Tribunal for Wales is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014 or paragraphs (a), (b) or (c) of section 83(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and that person is acting on behalf of the young person; and]

[F24 (iii) the young person cannot make the application to the First Tier Tribunal or the Education Tribunal for Wales themselves because at the time of the application they lack capacity within the meaning given in section 2 of the Mental Capacity Act 2005; and]

(r) legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) [F25 or the Education Tribunal for Wales] where—

(i) the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;

[F26 (ii) the applicant making the application to appeal to the First-tier Tribunal or the Education Tribunal for Wales is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014 or paragraphs (a), (b) or (c) of section 83(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and that person is acting on behalf of the young person;]

[F27 (iii) the young person cannot make the application to the First Tier Tribunal or the Education Tribunal for Wales themselves because at the time of the application they lack capacity within the meaning given in section 2 of the Mental Capacity Act 2005; and]

(iv) the Director has made a determination under section 10(3) of the Act.]

[F28 (s) legal representation in a matter described in paragraph 9(1) (inherent jurisdiction of High Court in relation to children and vulnerable adults) of Part 1 of Schedule 1 to the Act to the extent that the matter concerns the withdrawal or withholding of life-sustaining treatment in respect of a person who is a child at the date of the application, and the applicant is—

(aa) a parent of that child; or

(bb) a person with parental responsibility for that child.]

(2) In this regulation—

[F29 “approved prospective adoptive parent” means an individual who has received notification from a local authority or an adoption agency that they have decided to approve the prospective adopter as suitable to adopt a child, in accordance with the Adoption Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005;]

[F29 “child who is looked after by a local authority” has the meaning set out in section 22 of the Children Act 1989 and section 74 of the Social Services and Well-being (Wales) Act 2014;]

[F29 “foster parent” means a local authority foster parent as defined in section 105(1) of the Children Act 1989;]

[F30 “Mediation Information and Assessment meeting” means an assessment by a mediator of whether, in light of all the circumstances, a case is suitable for mediation;]

[F30 “mediator” means a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements);]

[F31 “parental guardianship case” means matters described in paragraph 1A of Part 1 of Schedule 1 to the Act (special guardianship) to the extent that the individual to whom civil legal services may be provided—

(a)

is the parent of, or has parental responsibility for, the child who is or would be the subject of the order; and

(b)

opposes the order,

but does not include appeals from final orders made under section 14A of the Children Act 1989;]

[F31 “parental placement and adoption case” means matters described in paragraph (1)(i) of Part 1 of Schedule 1 to the Act (care, supervision and protection of children) to the extent that they relate to a placement order or an adoption order under section 21 or 46 of the Adoption and Children Act 2002 where the individual to whom civil legal services may be provided—

(a)

is the parent of, or has parental responsibility for, the child who is or would be the subject of the placement order or, as the case may be, the adoption order; and

(b)

opposes the placement order, or as the case may be, the adoption order,

but does not include appeals from final orders made under either of those provisions under the Adoption and Children Act 2002;]

[F31 “parental responsibility” has the same meaning as in the Children Act 1989;]

[F32 “relevant determination” means—

(a)

an exceptional case determination as described in section 10(3) of the Act to the extent that it relates to an inquest; or

(b)

a wider public interest determination as described in section 10(5) of the Act.]

[F33 “relevant mediation session” means the acting of a mediator at a mediation session (“the session”) which is held on or after 3rd November 2014 and—

(a)

the session is a single session taking place following a Mediation Information and Assessment Meeting; or

(b)

where the session is part of a multi session, the session is the initial mediation session taking place following a Mediation Information and Assessment Meeting,

and for the purposes of this definition, “single session” and “multi session” have the same meanings as [F34 in the contracts named the Standard Civil Contract 2010 and Standard Civil Contract 2024]  between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act];

“relevant tribunal” means—

(a)

the Health, Education and Social Care Chamber of the First-tier Tribunal M10 ; or

(b)

the Mental Health Review Tribunal for Wales M11 ;

“special Children Act 1989 case” means [F35 any matter described in paragraph 1(1)(a), (b), (c) or (k) (care supervision and protection of children) of Part 1 of Schedule 1 to the Act], to the extent that it relates to any of the following provisions of the Children Act 1989 [F36 or, where specified, the Social Services and Well-being (Wales) Act 2014]—

(a)

section 25 (use of accommodation for restricting liberty) M12 , to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;

(aa)

[F37 section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;]

(b)

section 31, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;

(c)

section 43 (child assessment orders), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;

(d)

section 44 (orders for emergency protection of children), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child; or

(e)

section 45 (duration of emergency protection orders and other supplemental provisions) M13 , to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child,

but does not include appeals from final orders made under any of those provisions of the Children Act 1989 [F38 or, as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014]; F39 ...

[F29 “staying put arrangement” has the meaning in section 23CZA of the Children Act 1989;]

“TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011 [F40 ; and]

[F29 “young person” has the meaning in section 83 of the Children and Families Act 2014.]

[F41 (3) For the purpose of paragraph (1)(m), an individual is a member of another individual’s family if their relationship is as described in section 10(6) of the Act.]

Textual Amendments

F1 Words in reg. 5(1) substituted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(a)

F2 Reg. 5(1)(ba) inserted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(b) (with reg. 6)

F3 Reg. 5(1)(da)(db) inserted (1.3.2023 for specified purposes, 1.5.2023 in so far as not already in force) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(1)(2)(d), 6(2)

F4 Reg. 5(1)(ga) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(a) (with reg. 3)

F5 Reg. 5(1)(gb) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(a)

F6 Words in reg. 5(1)(h) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 5(1)(ha) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(b) (with reg. 3)

F8 Words in reg. 5(1)(ha) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 5(1)(i) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 5(1)(i)(ii) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(d) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 5(1)(ja) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(b)

F12 Words in reg. 5(1)(k) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(e) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in reg. 5(1)(k)(ii) deleted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(c)

F14 Reg. 5(1)(ka) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(d)

F15 Word in reg. 5(1)(ka) omitted (12.1.2022) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(a)(i) (with reg. 3)

F16 Reg. 5(1)(m)(n) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(a)(ii) (with reg. 3)

F17 Word in reg. 5(1)(m) omitted (10.2.2023) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(2) (with reg. 3)

F18 Reg. 5(1)(na) inserted (4.9.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(3), 3(2)(c) (with reg. 6)

F19 Reg. 5(1)(o)-(r) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(3) (with reg. 3)

F20 Reg. 5(1)(o)(ii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(d) (with reg. 6)

F21 Words in reg. 5(1)(p) inserted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(e)(i) (with reg. 6)

F22 Reg. 5(1)(p)(ii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(e)(ii) (with reg. 6)

F23 Reg. 5(1)(q)(ii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(f)(i) (with reg. 6)

F24 Reg. 5(1)(q)(iii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(f)(ii) (with reg. 6)

F25 Words in reg. 5(1)(r) inserted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(g)(i) (with reg. 6)

F26 Reg. 5(1)(r)(ii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(g)(ii) (with reg. 6)

F27 Reg. 5(1)(r)(iii) substituted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(g)(iii) (with reg. 6)

F28 Reg. 5(1)(s) inserted (3.8.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 3(2)(h) (with reg. 6)

F29 Words in reg. 5(2) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(a) (with reg. 3)

F30 Words in reg. 5(2) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(3) (with reg. 3)

F31 Words in reg. 5(2) inserted (1.3.2023 for specified purposes, 1.5.2023 in so far as not already in force) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(1)(2)(b), 6(3)

F32 Words in reg. 5(2) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(b)(i) (with reg. 3)

F33 Words in reg. 5(2) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(b)

F34 Words in reg. 5(2) substituted (23.9.2024) by The Civil Legal Aid (Standard Civil Contract - Miscellaneous Amendments) Regulations 2024 (S.I. 2024/889), regs. 1(2), 4(1)

F35 Words in reg. 5(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(a)

F36 Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(b)

F37 Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(c)

F38 Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(d)

F39 Word in reg. 5(2) omitted (10.2.2023) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(b) (with reg. 3)

F40 Word in reg. 5(2) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(c) (with reg. 3)

F41 Reg. 5(3) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(c) (with reg. 3)

Modifications etc. (not altering text)

C1 Reg. 5 modified (24.3.2022) by The Early Legal Advice Pilot Scheme Order 2022 (S.I. 2022/397), arts. 1(1), 3(1), Sch. para. 4(2) (with arts. 3(2), 4)

Marginal Citations

M1 1989 c. 41. Section 31 was amended by section 75 of, and paragraph 1 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43); sections 120 and 121(1) of the Adoption and Children Act 2002 (c. 38) and section 6 of, and paragraph 35 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4).

M2 1983 c. 20.

M3 1984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.

M4 2005 c. 9. Section 21A was inserted by section 50(7) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the Mental Health Act 2007 (c. 12).

M5 The 1980 European Convention on Child Custody is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980.

M6 The 1980 Hague Convention is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980.

M7 The EU Maintenance Regulation is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act to mean Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations.

M8 2011 c. 23.

M9 TPIM notice is defined in paragraph 45(4) of Part 1 of Schedule 1 to the Act to mean a notice under section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011.

M10 The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.

M11 The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.

M12 Section 25 was amended by section 39 of, and paragraph 15 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23) and section 24 of, and paragraph 45 of Schedule 4 to, the Access to Justice Act 1999 (c. 22).

M13 Section 45 was amended by section 52 of, and paragraph 4 of Schedule 6 to, the Family Law Act 1996 (c. 27); section 42 of, and paragraph 1 of Schedule 4 to, the Children and Young Persons Act 2008 (c. 23); section 116 of, and paragraph 19 of Part 1 of Schedule 16 to, the Courts and Legal Services Act 1990 (c. 41); S.I. 2002/253 and S.I. 2004/1771.

Individuals in receipt of certain support E+W

6.—(1) Where the Director is satisfied that the individual is in receipt, directly or indirectly, of support provided under section 4 M14 or 95 M15 of the Immigration and Asylum Act 1999 M16 , the Director must determine that the individual's financial resources are such that the individual is eligible for—

(a) legal help in relation to any matter described in paragraphs 24 to 30 (immigration and asylum), [F42 31A (immigration, citizenship and nationality: separated children),] [F43 32(1) (victims of trafficking in human beings) and 32A(1) (victims of slavery, servitude or forced or compulsory labour)] of Part 1 of Schedule 1 to the Act;

(b) help at court and legal representation for proceedings in—

(i) the Immigration and Asylum Chamber of the First-tier Tribunal M17 ; and

(ii) the Immigration and Asylum Chamber of the Upper Tribunal M18 in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal.

(2) Subject to paragraph (4), where the Director is satisfied that the individual is properly in receipt, directly or indirectly, of—

(a) income support paid under section 124 of the Social Security Contributions and Benefits Act 1992 M19 or section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M20 ;

(b) income-based jobseeker's allowance paid under the Jobseekers Act 1995 M21 or Part II of the Jobseekers (Northern Ireland) Order 1995 M22 ;

(c) guarantee credit paid under section 1(3)(a) of the State Pension Credit Act 2002 M23 or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002 M24 ;

(d) income-related employment and support allowance paid under Part 1 of the Welfare Reform Act 2007 M25 or section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 M26 ; or

(e) universal credit paid under Part 1 of the Welfare Reform Act 2012 M27 [F44 or Part 2 of the 2015 (Northern Ireland) Order],

the Director must determine that the individual's financial resources are such that the individual is eligible for all forms of civil legal services without paying (where applicable) any contributions.

F45 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If the individual's disposable capital—

(a) exceeds £8,000, the Director must determine that the individual's financial resources are such that the individual is not eligible for civil legal services; and

(b) exceeds £3,000 but does not exceed £8,000, the individual must pay a contribution out of capital in accordance with regulation 44(3).

Textual Amendments

F42 Words in reg. 6(1)(a) inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 5(2)

F43 Words in reg. 6(1)(a) substituted (31.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(a), 6(3)

F44 Words in reg. 6(2)(e) inserted (28.7.2016) by The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016 (S.I. 2016/708), regs. 1, 7(3)

F45 Reg. 6(3) omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 6(2) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M14 Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41); section 10(1) and (6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19); and section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13).

M15 Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 95 will be amended by section 44(6) of the Nationality, Immigration and Asylum Act 2002 at a date to be appointed.

M16 1999 c. 33.

M17 The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.

M18 The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.

M19 1992 c. 4. Section 124 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) at a date to be appointed.

M20 1992 c. 7.

M21 1995 c. 18.

M22 S.I. 1995/2705 (N.I. 15).

M23 2002 c. 16.

M24 2002 c. 14.

M25 2007 c. 5.

M26 2007 c. 2.

M27 2012 c. 5.

Financial eligibility limit – gross income E+W

7.—(1) For the purposes of this regulation, “ gross income” means income under regulation 21 before any deductions are made other than—

(a) those payments which are to be disregarded under regulation 24; and

(b) any housing benefit paid under section 130 of the Social Security Contributions and Benefits Act 1992 M28 or section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(2) This regulation does not apply to any applications to which regulation 5 or 6 applies.

(3) In relation to the calculation of gross income—

(a) regulations 13, 15, 16, 17 and 20 apply as if “gross income” were substituted for “disposable income” each time it appears; and

(b) regulations 26 and 27 do not apply.

(4) Subject to paragraph (5), where the gross monthly income of the individual exceeds £2,657, the Director must determine that the individual's financial resources are such that the individual is not eligible for civil legal services.

(5) Where the individual has more than four dependent children in respect of whom the individual receives child benefit, the sum referred to in paragraph (4) must be increased by £222 in respect of the fifth and each subsequent child.

(6) In this regulation “child benefit” means child benefit under section 141 M29 of the Social Security Contributions and Benefits Act 1992 or section 137 M30 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Marginal Citations

M28 1992 c. 4. Section 130 is to be repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 at a date to be appointed.

M29 Section 141 was amended by section 1(1) of the Child Benefit Act 2005 (c. 6).

M30 Section 137 was amended by section 2(1) of the Child Benefit Act 2005.

Financial eligibility limit – disposable income and disposable capital E+W

8.—(1) This regulation has effect subject to regulations 5, 6 and 7.

(2) Except where paragraph (3) applies, where an individual's monthly disposable income does not exceed £733 and the individual's disposable capital does not exceed £8,000, the Director must determine that the individual's financial resources are such that the individual is eligible for civil legal services.

(3) Where an individual's monthly disposable income does not exceed £733 and the individual's disposable capital does not exceed £3,000, the Director must determine that the individual's financial resources are such that the individual is eligible for legal representation in respect of any matter described in paragraphs 25 to 29 (immigration) [F46 , 32(1) (victims of trafficking in human beings) and 32A(1) (victims of slavery, servitude or forced or compulsory labour)] of Part 1 of Schedule 1 to the Act before—

(a) the Immigration and Asylum Chamber of the First-tier Tribunal; and

(b) the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal.

Textual Amendments

F46 Words in reg. 8(3) substituted (31.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(a), 6(3)

Waiver of eligibility limit in multi-party actions of significant wider public interest E+W

9.  Where an application is made for legal representation in a multi-party action which the Director considers has a significant wider public interest, the Director may, if the Director considers it equitable to do so, do one or both of the following—

(a) disapply the eligibility limits in regulations 7 and 8 in respect of those services in relation to specific issues within the multi-party action; and

(b) waive all or part of any contributions payable under regulation 44.

Waiver of eligibility limits and contributions in inquests E+W

F47 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Reg. 10 omitted (4.9.2023) by virtue of The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(3), 3(3) (with reg. 6)

Waiver of eligibility limit and contributions in cross-border disputes E+W

F48 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Reg. 11 omitted (31.12.2020) by virtue of The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 6(3) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)

Waiver of eligibility limit in proceedings relating to domestic violence [F49 , female genital mutilation protection orders] and forced marriage E+W

12.—(1) This regulation applies to an application in respect of legal representation in a matter described in paragraph 11 (family homes and domestic violence) [F50 , 15A (female genital mutilation protection orders)] or 16 (forced marriage) of Part 1 of Schedule 1 to the extent that the individual is seeking—

(a) an injunction or other order for protection from harm to the person; or

(b) committal for breach of any such order.

(2) Where this regulation applies, the Director may, if the Director considers it equitable to do so, disapply the eligibility limits in regulations 7 and 8.

Textual Amendments

F49 Words in reg. 12 heading inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 6(4)(a)

F50 Words in reg. 12(1) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 6(4)(b)