Savings, Benefits and Legal Aid



To qualify for Legal Help, your disposable monthly income cannot be more than £733.  If you are within this limit you don’t have to pay anything towards Legal Help.



Legal Help If you have Capital


If you have savings (Disposable Capital) of over £8,000, you do not qualify for Legal Help.


Disposable capital also includes:


·        Money in the bank

·        Valuable items

·        The value of your home( if you own it)

and depending on how much your house is worth and how much the mortage is on it.


Legal help if you have income


Should your gross monthly income be £2,657 or over you will not be able to get Legal Help.


(Gross income) means before Tax & National Insurance is taken off. 

Some Social Service benefits are also excluded.

Should you have four or more children the limit goes up to £2,879 and then up £222 for each additional child.

You must take in to account your partners income, unless your partner is the person you are in dispute with.



Should your gross monthly income be £2,657 or less, your solicitor or advisor will then check out your disposable income.  ‘Disposable Income’ Is the amount you have left after deductions have been made for;


§ National Insurance

§ Child support

§ Tax


Also if you have a partner who is not earning or if you have children a certain amount of your income won’t be taken into account.

If your partner is earning, their income will be taken into account unless this is the person you are in dispute with.


Children’s Savings


The capital (savings) of a child under 16 who parents are going to claim for

the child element of Income Support will be taken into account upon the claim and if the savings are £3,000 or more and would not be entitled to the child element of Income Support.


The rules around capital (Savings etc.) are quite complex when applying for benefits some are means tested and some not advise should always be sought upon application.


Children’s savings are not taken into account for Child Tax Credits, DLA or Child benefits but capital (savings) in excess of £1,000 may impact on a client’s entitlement to Legal Aid but this also depends on the type of proceedings and the type of Legal Aid being applied for.  Advise should always be sought.