Financial conditions

In terms of section 28K of the Legal Aid (Scotland) Act 1986 to be eligible for children’s legal aid, your client must satisfy the financial conditions on disposable income and disposable capital

“Disposable income” and “disposable capital” are defined in section 42 of the 1986 Act. Schedules 1 and 2 of the Children’s Legal Assistance (Scotland) Regulations 2013 contain detailed rules for computing disposable income and disposable capital respectively. We assess your client’s disposable income and capital in deciding whether to grant legal aid.

 

 

Period of computation

In this section

Financial Assessment

Period of computation

Find out the period your client’s capital and income is assessed when applying for children’s legal aid.

Financial Assessment

Resource of partners

Find out how to decide if your client’s partner’s resources should be included in their legal aid application.

Financial Assessment

How we calculate income

Learn how income is calculated when assessing financial eligibility for children’s legal aid.

Financial Assessment

How we assess capital

Find out how to assess capital when deciding if your client is financially eligible for children’s legal aid

Financial Assessment

Undue Hardship

Find out if your client can get legal aid if they do not qualify financially but would suffer undue hardship if they had to meet the expenses of their case.

Financial Assessment

Contributions

Find out how we calculate whether your client must pay a contribution and what the level of that contribution is.

Financial Assessment

Special circumstances which may affect financial assessment

Read more about the special circumstances which may affect financial assessment