If you’ve ever needed legal representation or advice, but are unsure whether you have the funds in the bank to be able to afford it, that’s where the UK government’s legal aid scheme can assist. However, this program only applies to certain legal cases.
So, how do you qualify for legal aid in the UK? In this helpful guide, we’ll take you through the intricacies of the legal aid program, whether or not you’re eligible, and some alternatives if you don’t happen to qualify.
What is legal aid?
Legal aid was created by the government to make sure that everyone in the UK, regardless of financial status, can access legal representation and advice at any time. That means that, even if you don’t think you have the money to fight a legal case against you or your family, the government can step in and help at your request.
The program usually only applies to cases that involve family law, housing disputes or domestic violence — it typically doesn’t cover the majority of personal injury cases as these are treated as private disputes, and can be handled by solicitors like Injury Lawyers 4U.
Who qualifies for legal aid?
There are three tests that the government will take you through if you apply for legal aid in the UK — these are scope, means and merits. They look at your financial situation, what type of case you are bringing to them and how likely you are to succeed. Let’s explore how each test works.
Scope test
The scope test is in place to make sure the type of legal case you bring to the government falls under their guidelines for legal aid. The cases that typically pass the scope test are as follows:
- Housing disputes
- Family law
- Immigration and asylum cases
- Criminal defence
Personal injury cases tend to be excluded from government legal aid because they are referred to as private disputes and not public interest matters. This wasn’t always the case though — up until 1999, the legal aid program funded around 700,000 personal injury cases each year. This was eventually abolished and new methods were established that assist those in need without the funding to fight their personal injury battles. One of the most popular of these methods, which is still running today, is the no-win, no-fee model.
Means test
The means test is an assessment of your personal income, savings and assets to see whether or not you can afford to pay for your legal services without government help. This is in place to make sure legal aid is reserved for those who truly cannot afford the option without help from the government.
For example, you likely wouldn’t be accepted for legal aid if your gross income is over £12,475, or your savings or assets are worth more than £8,000. If you are already enrolled in the Universal Credit or Income Support schemes, you will likely be accepted automatically.
Merits test
Last but not least, the merits test is a test of the strength of your case and whether or not public funding is justified. The key parts of this test include:
- Looking at how likely your case might succeed.
- Looking at the importance of your case to you and the public.
- Looking at the costs of the case and if they are reasonable for the outcome.
How to apply for legal aid
If you believe you qualify for legal aid from the government, it’s time to begin an application. While it might seem intimidating at first, the process is actually quite simple when broken down:
1. Find a legal aid solicitor
Use the government’s online directory to locate a solicitor that is properly licensed to offer you legal aid services.
2. Gather required documents
You’ll need to get together a few key pieces of paperwork that documents your case and proves your income, savings and assets. These include:
- Pay slips or benefit statements
- Bank statements
- Evidence that supports your claim
3. Start your application
You can start an application on the government website through their LAA portal. If you have secured a legal aid solicitor, they can help you through the process.
4. Await your acceptance
Now you’ll wait for your application to be reviewed. If it is approved, you’ll receive legal aid to cover solicitors fees, court costs and other related expenses. If denied, you will have to look for other ways to fund your case.
What is the maximum income to qualify for legal aid in the UK?
There are a few rules around maximum income when it comes to applying for legal aid in the UK. In England and Wales, the gross income limit is £12,475 each year, whereas in Scotland and Northern Ireland, the threshold is different as they are governed by different bodies.
You must also be aware that your assets will play a role in your acceptance into the scheme — if you have over £8,000 in savings, investments or property (excluding your primary home), you will likely be ineligible.
Alternatives to legal aid for personal injury claims
If you’re pursuing a personal injury claim, legal aid won’t apply. Instead, no-win, no-fee agreements can provide you an alternative.
No-win, no-fee agreements allow you to pursue a personal injury claim without paying a penny in advance. You’ll only pay the solicitor representing you if your case is successful, and even then, the fees will amount to an agreed percentage of your compensation.
In 2013, the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) officially removed personal injury as a factor of legal aid. In its place, the government introduced no win, no fee to ensure your financial status wouldn’t stop you from seeking justice for accidents that aren’t your fault.
Comparing no win, no fee to legal aid
We’ve put together a simple table to compare and contrast the differences between legal aid services and no win, no fee agreements:
| Legal aid | No win, no fee |
| Covers a wide range of cases that affect the public | Specifically designed for personal injury claims |
| Requires three eligibility tests based on income and assets | Has no eligibility test attached |
| Provides full funding for cases that are approved to go ahead | You must pay an agreed percentage to your solicitors upon a successful case |
| Limited by public interest | Driven by individual claims |
Where can I learn more about no win, no fee?
If you don’t qualify for legal aid but want to avoid upfront legal fees, a no win, no fee agreement could be the ideal solution for you. At Injury Lawyers 4U, we’ve made it our mission to help people like you to pursue personal injury claims without the upfront financial risk.
Get in touch with our experts today to learn more about how we use no win, no fee and if we can help you with a personal injury case of your own.
Frequently asked questions
Does legal aid pay for solicitors?
Legal aid pays for solicitor fees if you meet the means, scope and merits tests. This includes advice, representation and court fees.
Does legal aid check bank accounts?
The Legal Aid scheme might have to check your financial records, including bank accounts, to confirm your eligibility.
How does no win, no fee compare to legal aid in terms of costs?
Legal aid typically doesn’t require payment at all, while no win, no fee only takes an agreed percentage from your settlement if you win the case.
What options do I have if my legal aid application is rejected?
You can appeal the decision or consult a solicitor for advice on alternative funding options, like a no win, no fee agreement.