Financial assessment where applicant has deprived themselves of resources: no disregards given

Under regulation 12, we must consider capital disposed of before an application was made.  We have to decide if

  • applicants have deprived themselves of resources that would otherwise have been taken into account in assessing their financial eligibility and any contribution payable, or
  • converted them into other resources which have to be disregarded under the regulations.

If we consider an applicant has disposed of funds in this way, regulation 12 allows us to assess their means as if they had not disposed of or converted the resources.

When considering these issues, we take into account the whether it was necessary to spend the funds in question and the timing of the disposal in relation to the knowledge that litigation was likely.

Civil legal aid: assessment of capital resources and relevant disregards/allowances
Calculating disposable capital and disregards: are the resources the subject matter of dispute?

In this section

Financial assessment

Financial eligibility for civil legal aid: general conditions and limits

Satisfy yourself that the client is financially eligible for civil legal aid with reference to income and capital.

Financial assessment

Choosing the right financial form for the client

Use the appropriate civil application financial form depending on clients circumstances

Financial assessment

Civil legal aid assessment period and its consequences: ‘period of computation’

View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.

Financial assessment

Taking partners’ financial resources into account: civil legal aid

Learn about how partner is defined, contrary interest and parties living apart when considering financial resources for civil legal aid.

Financial assessment

Civil legal aid: how we calculate income and what’s included

Learn about assessment of wages/salary from employment, net profit from self-employment or business, other sources of income and things that can be disregarded.

Financial assessment

Civil legal aid: assessment of capital resources and relevant disregards/allowances

Find out which of your client's capital resources must be taken into account when applying for legal aid.

Financial assessment

Calculating disposable capital and disregards: are the resources the subject matter of dispute?

Assessing the clients disposable capital and guidance on the relationship between subject matter of dispute and clawback

Financial assessment

Financial assessment for special categories of applicant

Find out about assessment of financial for special categories of applicant: children; prisoners; applications in a representative or fiduciary capacity

Financial assessment

Appellate proceedings: is a fresh financial assessment and additional contribution necessary?

We may reassess disposable income and disposable capital if there has been a change in circumstances that would normally result in a reassessment.

Financial assessment

Adults with Incapacity applications

Guidance on modified financial assessment process in Adults with Incapacity cases.

Financial assessment

Will my client be liable to pay a contribution?

Information on how instalment rates of maximum contribution are set and the relationship with case cost.