New legislation has been laid to disregard certain compensation payments from the financial eligibility tests for civil and criminal legal aid.
The legislation comes into force on Wednesday 20th November 2024 and affects applications for legal aid made on or after this date.
Some individuals already in receipt of legal aid (and paying legal aid contributions) may be eligible for a reassessment of their means if they have received one of the disregarded payments.
The following payments are mandatory disregards for both civil and criminal legal aid:
- Modern Slavery Victim Care Contract (MSVCC) payments
- Miscarriage of justice compensation payments made under Section 133 of the Criminal Justice Act 1988
The following payments apply to applications for civil legal aid only:
- Amendment of the existing mandatory disregard for infected blood payments under the civil legal aid scheme to include the most recent compensation schemes set up for this purpose.
- Mandatory disregard for backdated welfare benefits and child maintenance payments in the civil legal aid means test.
- Mandatory disregard for payments made under Scotland and Northern Ireland schemes for historical child abuse in the civil legal aid means test.
- Extension of the equity disregard where a victim of domestic abuse has temporarily left their home in the civil legal aid means test.
The payments outlined below are Discretionary disregards which apply to both civil and criminal legal aid:
- Discretionary disregard for payments made under the Victims of Overseas Terrorism Compensation Scheme (VOTCS)
Law Society of England and Wales president Richard Atkinson, said:
“It is a step in the right direction that these specified payments may be disregarded from the legal aid means assessment making legal aid accessible to more people.
We look forward to working with the Ministry of Justice to progress the means test review further to help ensure everyone can access justice regardless of their means.
We would encourage the government to look urgently at the legal aid thresholds which are currently so restrictive they exclude many living below the poverty line.
Legal aid is a vital public service that must be invested in.”
