KEYCARD 60 – April 2024

GENERAL INFORMATION

This keycard is intended as a quick reference point for making financial

determinations for those forms of civil legal services for which the provider has
responsibility including Legal Help.

(I) Controlled Work and Family Mediation – Checking Eligibility

Providers must refer to the Civil Legal Aid (Financial Resources and Payment for Services)
Regulations 2013 as amended and the Lord Chancellor’s guidance on determining
financial eligibility for controlled work and family mediation, for a full list of the relevant
forms of civil legal services and detailed guidance for making financial determinations.
References in this section are to those regulations and guidance.

Providers must have regard to the general provisions set out in Sections 2.1 (paragraphs 2-
5) and 12 of the guidance regarding our requirements for evidence of means.

Summary Table 1 – Main eligibility limits from 8 April 2024:

Forms of Civil Income limits Capital limits Passporting Benefits

Legal Services
Legal Help; Gross income Disposable Clients properly in receipt,
Help at Court; not to exceed: capital not to directly or indirectly, of:
Family Help £2,657 per exceed: • Income Support,
(lower); month* • Income-Based Job
Help with Family £3,000 [Legal Seeker's Allowance,
Mediation; Disposable Representation • Income-Related
Family Mediation; income not to in respect of an Employment and
Legal exceed: immigration Support Allowance,
Representation for £733 per matter set out in • Guarantee Credit or
proceedings in: month Regulation 8(3)] • Universal Credit
the immigration and are passported through the gross
asylum tribunal of £ 8,000 [All other income and disposable income
the First-tier forms of civil test but capital must be assessed
tribunal; or legal services] in all cases.
transitional cases
(see guidance). For controlled work asylum
and immigration matters only
described in regulation 6(1) of
the Financial Regulations:
clients properly in receipt, directly
or indirectly, of Asylum Support
Payments are passported
through both the income and
capital tests.
*Note: A higher gross income cap applies to families with more than 4 child dependants. Add
£222 to the base gross income cap shown above for the 5th and each subsequent child
dependant.

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KEYCARD 60 – April 2024

STEP BY STEP GUIDE for controlled work and family mediation

Step One Establish whether or not the client has a partner whose means should be
aggregated for the purposes of the financial determination (see Reg.16 and section 4.2 of
the guidance).

Step Two Establish whether the client is properly in receipt, directly or indirectly, of a
‘passporting’ benefit and therefore automatically satisfies the income test, (refer to the
‘passporting’ arrangements stated in summary table 1 on page 1). If the client is passported
go directly to Step Five. If the client is not passported go to Step Three.

Step Three For any cases which are not ‘passported’ calculate the gross income of the
client, including the income of their partner, (refer to section 5 of the guidance). Where
gross income is above £2,657 per month, then the client is ineligible for all forms of civil legal
services covered by this keycard and the application must be refused without any further
calculations being performed. Certain sources of income must be disregarded, and a higher
gross income cap applies to families with more than 4 child dependants (refer to summary
table 1).

Step Four For those clients whose gross income is not more than £2,657 per month,
calculate disposable income. Fixed allowances are made for dependants and employment
expenses, and these are set out in the table below. Other deductions can be made for: tax;
national insurance; maintenance paid; housing costs; child-care costs incurred because of
remunerative work or a course of study outside of the home (where the individual receives
study-related income); and criminal legal aid contributions. If the resulting disposable income
is above £733 per month then funding must be refused (without any further calculations
being necessary).

Fixed rate allowances (per month) from 8 April 2024:

Employment Expenses (employees only) £45
Dependants Allowances:
Partner £224.87
Child aged 15 or under £361.70
Child aged 16 or over £361.70
Housing cap (for those without
£545
dependants)

Step Five Where a client’s disposable income is assessed below the relevant limit or the
client is passported on income (except where client is passported on NASS support as per
summary table 1), it is still necessary to calculate the client’s disposable capital. See section
7 of the guidance for details of how to calculate capital; this will include the value of the
client’s interests in disputed assets to the extent that they exceed the maximum subject
matter of dispute disregard of £100,000. If the resulting capital is above the relevant limit
(see summary table 1), then the application must be refused.

Step Six For those clients whose income and capital have been calculated (or deemed, if
passported) to be below the relevant limits, the client can be awarded funding. Controlled
Work and Family Mediation are non-contributory forms of civil legal services.
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KEYCARD 60 – April 2024

(II) Licensed Work – Checking Eligibility for Emergency Representation

Providers must refer to the Civil Legal Aid (Financial Resources and Payment for Services)
Regulations 2013 as amended and the Lord Chancellor’s guidance on determining
financial eligibility for certificated work for guidance on Family Help (Higher) and Full
Representation cases. References in this section are to those regulations and the
certificated work guidance.

Providers who are authorised to make a determination that a client qualifies for emergency
representation under their delegated functions should refer to the guidance to ascertain
whether the individual is likely to be eligible.

A determination that an individual qualifies for emergency representation may be made on

the basis of limited information and documents; however, the determination must be revoked
following the receipt of the substantive amendment application and full information if the
individual is ineligible.

Summary Table 2 – Main eligibility limits from 8 April 2024:

Forms of Civil Income limits Capital limits Passporting Benefits

Legal Services
Full Gross income Disposable Clients properly in receipt,
Representation not to exceed: capital not to directly or indirectly, of:
(see guidance); £2,657 per exceed: • Income Support,
Family Help month* £3,000 [Legal • Income-Based Job
(Higher). Representation in Seeker's Allowance,
Disposable respect of an • Income-Related
income not to immigration Employment and
exceed: matter set out in Support Allowance,
£733 per Regulation 8(3)] • Guarantee Credit or
month • Universal Credit
£ 8,000 [All other are passported through the gross
forms of civil income and disposable income
legal services] test but capital must be assessed
in all cases.

*Note: A higher gross income cap applies to families with more than 4 child dependants. Add
£222 to the base gross income cap shown above for the 5th and each subsequent child
dependant.

NB there is a waiver of eligibility limits in proceedings relating to domestic violence,

female genital mutilation protection orders and forced marriage (See Reg. 12 and
section 2.6 of the guidance for details of all eligibility waivers).

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KEYCARD 60 – April 2024

STEP BY STEP GUIDE for licensed work

Step One Establish whether or not the client has a partner whose means should be
aggregated for the purposes of the financial determination (see Reg.16 and section 3.1 of
the guidance).

Step Two Establish whether the client is properly in receipt, directly or indirectly, of a
‘passporting’ benefit and therefore automatically satisfies the income test, (refer to the
‘passporting’ arrangements stated in summary table 2 on page 3). If the client is passported
go directly to Step Five. If the client is not passported go to Step Three.

Step Three For any cases which are not ‘passported’ calculate the gross income of the
client, including the income of their partner (where applicable). Where gross income is
above £2,657 per month, then the client is ineligible unless a waiver applies (such as the
domestic violence waiver). Certain sources of income must be disregarded, and a higher
gross income cap applies to families with more than 4 child dependants (refer to summary
table 2).

Step Four For those clients whose gross income is not more than £2,657 per month (or
where a waiver applies), calculate disposable income. Fixed allowances are made for
dependants and employment expenses, and these are set out in the table below. Other
deductions can be made for: tax; national insurance; maintenance paid; housing costs; child-
care costs incurred because of remunerative work or a course of study outside of the home
(where the individual receives study-related income); and criminal legal aid contributions. If
the resulting disposable income is above £733 per month then the client is ineligible (unless
a waiver applies) and funding must be refused.

Fixed rate allowances (per month) from 8 April 2024:

Employment Expenses (employees only) £45
Dependants Allowances:
Partner £224.87
Child aged 15 or under £361.70
Child aged 16 or over £361.70
Housing cap (for those without
£545
dependants)

Step Five Where a client’s disposable income is assessed below the relevant limit (or a
waiver applies) or the client is passported on income, it is still necessary to calculate the
client’s disposable capital. See sections 6 and 7 of the guidance for details of how to
calculate capital (and section 9 for business capital); this will include the value of the client’s
interests in disputed assets to the extent that they exceed the maximum subject matter of
dispute disregard of £100,000. If the resulting capital is above the relevant limit (see
summary table 2), then the application must be refused unless a waiver applies.

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KEYCARD 60 – April 2024
Step Six Contributions may be payable as a condition of the substantive grant of funding as
set out in the table below:

Band Monthly disposable income Monthly contribution

A £316 to £465 35% of income in excess of £311

B £466 to £616 £53.90 + 45% of income in excess of £465

C £617 and above £121.85 + 70% of income in excess of £616