We provide Legal Aid. If you are in receipt of a low income
or benefits, you may be entitled to Legal Aid. This means that our costs for carrying out work in your case are paid
for by the Legal Services Commission (although if you recover or keep property or assets as a result of your case you
may have to pay some or all of the costs of your Legal Aid back this is known as the Statutory Charge.) We can calculate whether you are eligible for Legal Aid at your appointment. Frequently
asked Questions about Legal Aid Who can claim Legal Aid?
If
you are in receipt of the following benefits you should automatically be able to receive Legal Aid:
Income Support
INCOME BASED Job Seekers Allowance
Guarantee State Pension
If
you are on a low income then you would have to be assessed as we have to take your gross income (the income you receive before
your tax is removed) then take away deductions such as housing costs, tax & national insurance and employment expenses.
If you would like to be assessed for Legal Aid in a Family or Criminal matter then please arrange an appointment by telephoning
freephone 0800 1071 208.
You can also go on the Community Legal Advice website which is an information site set
up by the Legal Services Commission and calculate your eligibility for Legal Aid which is http://www.communitylegaladvice.org.uk/en/legalaid/
What is the Statutory Charge?
This is where the Legal Services Commission decide that you should pay back some or
all of your legal costs if you recover or keep property or assets as a result of legal proceedings. The Statutory Charge
is worked out after the case is finished and the Solicitors costs are calculated. This charge can be waived in exceptional
circumstances but this is rare.
What is the Solicitors Charge?
If you are in receipt of Family Help for your case then we are paid a standard fee by the
Legal Services Commission. The Legal Services Commission is the body that regulates Legal Aid and used to be
known as the Legal Aid Board.
The fees that we are paid depend on the level of work we do. If the amount of work
carried out goes over the standard fee and is 3 times the amount that we would get paid under the Family Help Scheme
then you may have to pay a "Solicitors Charge" to the Legal Services Commission.
What types of Legal Aid are there? Family Help Scheme If you are eligible for Legal Aid
then we will usually carry out work initially under the Family Help Scheme. This
scheme permits us to carry out the initial work needed in your case such as seeing you
at interview, telephone calls and letters to the other party. This scheme does not
cover our costs for attending Court and if that were required we would have to apply for a full Public Funding Certificate. Public Funding Certificate If matters are not resolved and Court proceedings need to be issued or the matter becomes complex, we may have to apply for a Public Funding Certificate.
This gives us a greater amount of funding to carry out further work such as representation at
Court and dealing with the Court documentation. Emergency Legal Aid In
cases of emergency such as applying for an urgent injunction then we may have to apply for emergency
funding to cover work we do.
What do I need to provide to you so that you can claim Legal Aid? If
you are in receipt of benefits: You
need to provide us with a recent (within the last 2 weeks of signing the form)
letter from the agency that pays your benefits outlining the amount of
benefits you receive; how often you receive it and what type of benefit it is.
We can obtain this for you from the Benefits Agency but this does take a long
time and may delay your case as there is a limit to the amount of work we can carry
out without proof of benefits. Therefore if you do not have a recent letter
we would suggest that you obtain one from the benefits agency that pays your benefits.
You also need to obtain details of
any Child Tax Credit you receive.
If you work: We need 5 weeks of wage
slips covering the date you sign the Legal Aid form. In other words the four weeks
before and the next wage slip when
you receive it. We also need a bank statement showing any Child Tax Credits, Working
Tax Credits or Child Benefit you may receive.
If
you require any further information please contact us.