Legal Aid Agency
Phase 1 changes of the Means Test Review are being implemented on 3 August 2023.
Means testing will be removed for
- Under 18s applying for Legal Representation and Family Help (Higher), including applications for these services under Exceptional Case Funding;
- Parents or those with parental responsibility applying for legal representation for matters concerning the withdrawal or withholding of life-sustaining treatment in respect of their child.
Contributions stopped under Transitional provisions
In addition to the removal of means testing for the above applicants, contribution changes will apply to certificates in these categories issued before 3 August. Under 18s will no longer be liable to pay contributions for Legal Representation or Family Help (Higher) from 3 August onwards.
Similarly, parents or those with parental responsibility holding a certificate in respect of the above matters, will not be liable for further contributions. Individuals remain liable for contributions payable under these certificates up to 3 August 2023.
Light Touch Means Test from 3 August 2023
Under 18s applying for controlled work (apart from Controlled Legal Representation) and family mediation will continue to undergo a means test. A new Light touch assessment will be introduced, reducing the number of under 18s required to undergo the full means test. Under 18s without a regular income or capital of 2500 or above, who are not aggregated with an adult, will benefit from this new approach.
Why is it happening now?
The statutory instrument for the Phase 1 changes was laid 4 July, and the changes come into force on 3 August 2023.
Relevant civil forms, guidance and digital systems have been amended to reflect the changes.
New versions of the forms will be published on gov.uk on 3 August 2023 and should be used by all providers from that date. Any previous versions of the forms will continue to be accepted up to 1 month after the changes take effect (3 September 2023).
Further information on the remaining Phase 1 changes for legal help at inquests will be provided when those changes come into force on 4 September 2023.
A new application form will be published on gov.uk to apply for legal help in an inquest without a determination of financial eligibility and amended guidance will be made available in due course.
Further information
- Guidance on civil financial eligibility and links to forms - Civil legal aid: means testing - GOV.UK (www.gov.uk)
- Impact assessments and equalities statement - Means Test Review consultation response
- Means Test Statutory Instrument - The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (legisla