Assess your client's eligibility

Both civil and criminal legal aid is means and merits tested.

It is only available to those who can’t afford it, or who have a case that has a reasonable chance of winning and is worth the money it will cost to fund it.

Civil Legal Advice and the Gateway

This guidance outlines when and how legal aid providers should direct clients to Civil Legal Advice. MoJ have also produced some guidance for members of the public that legal aid providers can print off and give to clients.

Anyone wishing to apply for controlled work in debt, discrimination and education, must apply via Civil Legal Advice, unless they are an exempted person.

CLA general provider guidance

Assessment of suitability for remote advice

This guidance provides a consistent framework for conducting the assessment of suitability for remote advice and supporting clients via the available CLA service adjustments and adaptations.

CLA assessment of suitability guidance

Legal aid in debt, discrimination and special educational needs cases

Summary of what you need to do

Universal Credit

From April 2013, Universal Credit has been added to the list of passporting benefits. For further information please see the 'Universal Credit and Legal Aid means testing' document.

Universal Credit and Legal Aid means testing

Checking civil eligibility

Legal aid practitioners can work out the means and merits of a civil case by using our eligibility calculator

Legal aid practitioners can then complete the appropriate civil means assessment form.

Keycard 49 is a quick reference point for assessing financial eligibility.

Keycard 49 (PDF)

Guide to determine eligibility for controlled work and mediation (PDF)

Guide to determine eligibility for certificated work (PDF)

Checking criminal eligibility

You can do a quick check on whether your client is likely to pass the means test by using the criminal eligibility calculator.

If you then want to apply for legal aid fill in the criminal means assessment forms.

Keycard 44a is a quick reference point when assessing financial eligibility. Full guidance on the assessment of means is set out in Part E of Volume 4 of the Legal Aid Manual.

Keycard 44a

Legal aid at court

When your client is charged, two tests are applied to see if your client can get legal aid:

the Interests of Justice test considers the ‘merits’ of the case which can include your client’s previous convictions, nature of offence and risk of custody. Details should be provided on the CRM 14.

the means test considers your client’s financial position which includes their household income, capital, and household outgoings. This test will determine whether your client will be liable for any of their defence costs.

Your client must apply for legal aid on a CRM 14 and, where applicable, a CRM 15 and submit the application to the magistrates’ court where their case is being held.

Court staff process the application in line with the Criminal Legal Aid Manual which will determine whether your client is liable for any of their defence costs.

You can order the forms CRM14 and CRM15 free of charge from DST Output (the forms suppliers) or download them from our website.

Email: crmforms@legalaid.gsi.gov.uk

Telephone: 0845 3000343

Fax: 0845 5438258

The CRM16 must be downloaded from our website.

Who will get legal aid at court?

About half of all defendants receive free legal aid at the magistrates’ court, and about 3 out of 4 at the Crown Court.

When someone applies for legal aid at court, if the case passes the Interests of Justice test they automatically qualify for free legal aid if they:

are under 18
receive specific state benefits, which are:
income support
income-based job seeker’s allowance
Universal Credit
guaranteed state pension credit
income-related employment and support allowance.

Details of criminal eligibility rules can be found on these pages:

Who pays privately?

If your client fails the means test and their case is in the magistrates’ court, they will not be given legal aid and will have to pay for their costs.

If your client is facing proceedings in the Crown Court the means test determines the amount they will pay towards their defence costs; this could be from their income, their capital or a combination of both. If your client is found not guilty, any payments made will be refunded with interest. However, your client still has the right to decline legal aid and pay for their costs privately.

If your private-paying client is found not guilty, they can apply to reclaim some or all of their defence costs from central funds. This is a separate source of funding from legal aid that is managed by the Ministry of Justice.

The maximum that can be reclaimed is the same as would have been paid by legal aid.

Is your client eligible?

The table below is designed to use a quick reference tool by solicitors to help give an indication of the likely outcome of a means assessment based on a set of generic family circumstances and incomes.

We hope that in being more aware of the likely outcomes of a means assessment, solicitors will be encouraged to represent their clients where you are yet to receive a funding decision (rather than seek adjournments) in the magistrates’ knowing that a Rep Order will be granted and back dated to cover the costs of the hearing.

Total Gross Household income	Applicant	Applicant & Partner	Applicant & Child (aged 5)	Applicant, partner & child (aged 2)	Applicant, partner & two children (aged 8 and 12)
£12,475	Pass	Pass	Pass	Pass	Pass
£15,000	Depends on outgoing	Pass	Pass	Pass	Pass
£19,000	Depends on outgoing	Pass	Depends on outgoing	Pass	Pass
£22,325	Fail	Depends on outgoing	Depends on outgoing	Pass	Pass
£25,000	Fail	Depends on outgoing	Depends on outgoing	Depends on outgoing	Pass
£29,000	Fail	Depends on outgoing	Fail	Depends on outgoing	Pass
£37,000	Fail	Fail	Fail	Depends on outgoing	Depends on outgoing
£43,500	Fail	Fail	Fail	Fail	Depends on outgoing

The Household (adjusted) income is the total of the applicant’s & their partner’s gross income, which is then weighted to take into account the family circumstances

If Household income < £12475 = automatically passes

If Household income > £22325 = fail in Mags (income contribution in Crown)

If Household income is between the two then a full assessment is required to take into account household outgoings.