Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989.
The financial limits relating to the eligibility of a person to receive free legal aid and the assessment of disposable income (which determines whether contributions are payable towards the cost of providing representation) are to be more closely linked to the personal allowances applicable for income support. The free limit is linked to the weekly income support allowance for a single person aged 25 or over, contained in the Income Support (General) Regulations 1987.
The deduction made where an assisted person has a spouse is the difference between the income support allowance for a couple and the allowance which would have been payable to a single person aged 25 or over. A deduction is also made where an allowance is paid for a dependant child or relative.
The fraction of disposable income which is payable by way of contribution is increased from one quarter to one third.
Contributions will continue to be payable for as long as the legal aid order is in force.