2.Eligibility for advice and assistance is presently limited to those who would qualify for full legal aid without a contribution. The Government intends to change this so that in future, eligibility for advice and assistance and more substantial help are aligned at the same level. Both would be available free for people whose disposable income and capital were below the relevant limit; and available subject to contributions for people between the free and upper limits.
3.This change reflects the Government’s intention to give greater priority to advice and assistance, especially in social welfare issues and from the not-for-profit advice sector, rather than litigation. It will also remove the anomaly created by the present eligibility limits, where some people are driven to apply for full legal aid (for which they are more likely to be eligible), when advice and assistance, which is generally cheaper, would have met the needs of the case.
A: Community Legal Service Eligibility, Financial Conditions and Costs Rules Eligibility for Help