Information for legal aid applicants
Contents
- What does civil legal aid cover?
- When do I contribute to the cost of my case?
- What do I have to pay?
- What happens if I keep or gain property?
- How do I make payments?
- Where can I get more information?
About this guide
This leaflet explains when you have to contribute towards or repay
your legal aid costs and how to do it.
This leaflet comes from the Legal Aid Agency (LAA), the organisation
that administers legal aid in England and Wales on behalf of the Lord
Chancellor. The LAA’s work is essential to the fair, effective and
efficient operation of the civil and criminal justice systems.
1 . What does civiI
legal aid cover?
Legal aid helps to cover the cost
of:
• legal advice
• legal representation in a
court or tribunal for serious
problems
• family mediation.
Your legal aid adviser or solicitor
will:
• check if you qualify for legal
aid
• apply for legal aid on your
behalf if you qualify.
Your legal aid adviser or solicitor
will explain to you that:
• for all but the most serious
problems, you must show that
you cannot afford to pay your
legal aid costs
• you may need to contribute to
or pay back the legal aid costs
later.
- When do I
contribute to the
cost of my case?
The Legal Aid Agency (LAA) will:
• review your financial
circumstances
• tell you if you have to pay a
lump sum form your assets
or make monthly payments
from your income
• at the end of your case, tell
you if you need to repay
some or all of your legal aid
costs.
What if my financial
circumstances change during
the case?
If your financial circumstances
change, you must tell the LAA and
your legal aid adviser or solicitor.
This is because changes may
affect whether you have to pay
and, if so, how much.
For example, a change in your
income or outgoings could mean
that:
• you must start making
monthly payments, or
• your monthly payments rise
or fall.
If you don’t tell the LAA about a
change to your financial situation,
or don’t cooperate with enquiries,
your legal aid may be taken away.
You may then have to repay all
your legal aid costs and you
may also be prosecuted.
What happens if I am awarded
money or property at the end of
the case?
If you keep or gain money or
property at the end of your case,
you may have to repay some or all
of your legal aid costs.
- What do I have to pay?
This depends on the outcome of
the case. If you have kept or
gained money or property from
the case, you will need to repay
your legal aid costs to the LAA
after the case ends. This is done through the ‘statutory charge’. The charge is made by law on the money or property concerned.
If you make contributions to your
legal aid costs during your case,
these will be taken off your legal
aid bill.
The LAA will not make any
charge for assessing your legal
aid bill.
When does my opponent pay?
The court or tribunal may order
your opponent to pay some or all
of your legal aid adviser’s costs.
You may pay less if your
opponent pays these costs. But
you are responsible for recovering
the debt from your opponent.
If you succeed in getting your
opponent to repay your legal
costs, you must use the money to
repay the LAA immediately
Your right to comment on your
legal aid costs
If you have to repay some or all of
your legal aid costs, you have a
right to comment on these costs.
Your legal aid adviser or solicitor
must show you the bill before
sending it to the LAA for
assessment. If they don’t, you can
ask to see it.
The LAA or court will assess your legal aid costs and also pay your legal adviser or solicitor direct.
- What happens
if I keep or gain
property?
In either of the following
circumstances, the LAA may
allow you to repay your legal aid
costs at a later date if this is
reasonable:
• If you keep or gain property that
is to be used as your home at
the end of your case.
• If you gain money in a financial
settlement that is to be used to
buy a home.
The LAA will register a charge on
your home, similar to a
mortgage, with the Land Registry
to secure the debt. Interest currently
8% – is charged on this
debt.
You cannot:
• sell your home until you
have repaid all your
statutory charge, or
• use your home as security
for a loan unless the loan is
to pay off your statutory
charge.
Once you have paid the total sum
owing, we will remove the charge
from your home.
Example of a client who gained
property
Mr Jones and his former partner
each owned half of their house.
Mr Jones wanted the house put in
his sole name but his former
partner (opponent) did not agree
and wanted the property in her
sole name.
Mr Jones received legal aid for
his divorce case. At the end of
the case, the judge decided that
Mr Jones should own the whole
house.
Because Mr Jones kept his
original half share of the house
and gained the other half, he will
have to repay the cost of his legal
aid.
- How do I make
payments?
You can repay the money you
owe in one lump sum, for
example by using savings,
income or by selling your home.
If we think you can repay all the
money straight away, we will ask
you to do so.
If you can’t, you can make
monthly payments of £25 or more.
The LAA charges interest –
currently 8% – on the amount
you owe under the statutory
charge. This is calculated daily.
The interest we charge only
applies to the statutory charge
amount
- we don’t charge interest on
interest.
We may occasionally review your
financial circumstances to see if
you can afford to increase your
monthly payments.
If you can’t afford your monthly
payments, we may lower them –
allowing you to repay the charge
over a longer period.
- Where can I get
more information?
If your case is open, contact:
• your legal adviser or solicitor, or
• Legal Aid Agency’s Customer
Services Department on
tel: 0300 200 2020
Please quote your certificate or
case reference number.
If your case has ended and you
have questions about the money
you owe, please contact:
Land Charge Department Legal
Aid Agency
Email: land-charges-enquiry@
justice.gov.uk
Tel: 020 3814 4366
Address: Land Charge Department
Legal Aid Agency 2
(Recovery Services)
PO Box10620
Nottingham NG6 6DY
For public information about
legal aid, visit:
www.gov.uk/legal-aid
