We will verify receipt of any of the above passport benefits by a client at the Department for Work and Pensions (DWP). Our connection with the DWP only verifies the benefits of the fit. We are not able to verify other services at the time of payment. To help us, please do not include two surnames such as “Smith or Jones”. Our automatic link to the DWP cannot confirm the benefits of providing two names. Please check the spelling of the name, as the DWP link does not confirm the benefit if the name is misspelled. If the client receives one of the following benefits or is included in their partner`s application, they will not have to pay a financial contribution to their case if their application is accepted: LAA waives all of the above eligibility criteria if your client applies for legal aid for a domestic violence or forced marriage protection order. However, a contribution may be required. Requests for advice and assistance when the applicant receives a passport Check if your client is enjoying any of the benefits of the passport (see above). If so, you just need to test their available capital. You do not have to prove any other income or capital while you are eligible for a passport, but you must inform the DWP immediately if your entitlement to any of the benefits ends. In addition, you may also be entitled to: This limit is set at £8,000 for all civil legal services, except those relating to an immigration matter under Article 8(3), which is capped at £3,000.
A customer whose available capital exceeds the reasonable amount above is not entitled to advice and assistance (even if he receives a fitting service). When calculating disposable income, a mortgage or rent may be taken into account for the period of calculation of the client`s principal residence (Rule 28). The eligible amount must be reduced by the housing benefit, i.e. the amount payable under the lease minus the amount covered by the housing benefit. A young person aged 16 to 18 who has left school and receives independent benefits would not be treated as a minor and would be means-tested on the basis of his or her own means. If your client doesn`t get a pass, you`ll need to check if their gross income is £2,657 per month or less before checking their disposable income. You need to evaluate capital resources in all cases. However, if your client receives financial assistance under section 4 or 95 of the Immigration and Asylum Act 1999 from the National Asylum Support Service (NASS), they will be guided through income and capital testing for controlled labour immigration and asylum matters only. No. If your client is considered eligible for advice and support, this financial assessment will be carried out downwards until their request for representation.
To link cases on LAMS, you must reapply for legal aid and choose a representation below the level of service. You will then be asked if the request is based on an existing request for advice and assistance, and if you select “Yes”, you will be asked to select the appropriate request for advice and assistance to which the new weak replacement request should be linked. If a financial inquiry is done for a client who has separated from the child`s other parent, you must determine whether the deduction can be made for a dependent child (the deduction cannot be applied to both parents, even if the residence is shared). Generally, the deduction is made if the child lives in the client`s household and the client appears to be the child`s primary caregiver; The primary caregiver is usually the person receiving child support, but this is not always the case. If no person with parental responsibility has applied for child benefit, the allowance is granted if the child lives with the client and the client appears to be supporting the child with his or her money. (Note: If child support does not apply, a deduction may be made for child support (see section 6.3.) If you or your partner are receiving any of the above benefits, you are entitled to: However, it is important that the lawyer selects the appropriate benefit from the drop-down list on LAMS when applying, as the claim will be withdrawn if an incorrect benefit is selected and it is determined that it is not being paid. The original limit of £180 applies in certain situations where advice and support or ABWOR is given. The original limit of £180 for advice and assistance applies if: (a) you are satisfied that the case is likely to be resolved only by preparing proceedings before a civil court for which legal aid is available, and (b) it is likely (based on the information provided to you) that the applicant is entitled to legal aid in civil matters for financial reasons; and (c) it is appropriate in the circumstances of the case.
Updated documents: Guide to determining financial eligibility for certified work, key card for eligibility for civil legal aid under LAA, guide to determining financial eligibility for controlled work and family mediation. Initially, in most parts of the country, all UC applicants were eligible for passport benefits. Since then, however, performance requirements have been added. These vary depending on the part of the country in which the applicant lives. If the applicant does not receive a passport, the lawyer must take and deduct from his client`s actual income (plus, if applicable, his partner`s income) during the seven days (until the date of the initial consultation, which should also be the date on which the applicant signs the declaration): www.gov.uk/work-out-who-qualifies-for-civil-legal-aid Passport benefits are benefits or plans to which certain categories of persons are entitled on the basis of their right to certain other persons. Benefits or tax credits. Tax benefits and credits that can be used to transfer you to other benefits or plans include: In accordance with Article 5(2) and (2) of the Financial Regulation, applicants must also be in the capital, even if they receive a passport. Lawyers must ensure that they confirm the applicant`s capital and provide the appropriate guarantee documents to this effect with the application. If you are receiving the following benefits, you can be guided through the income needs test, so you are automatically eligible for the income test. Benefits of the passport include: The means test to assess financial eligibility is one aspect of determining whether a person is eligible for civil legal aid. The resource test is set out in the Civil Legal Aid (Financial Resources and Payment for Services) Regulations, 2013.
