News In Focus
7 April 2009
Legal aid eligibility extended to more earners
Changes to Scotland’s legal aid rules that came into force today have extended eligibility to over 1,000,000 more people.
The upper disposable income limit has been lifted to £25,000, from the previous limit of £10,306.
Justice Secretary Kenny MacAskill said the change, which was announced in November, meant that around three-quarters of all adults would potentially be eligible for legal aid. He added that an additional £3 million would be spent to enhance the national availability of advice and representation, including for people at risk of repossession.
Those who earn more will pay much higher contributions towards their legal costs. The limit below which no contribution is paid has risen by only £199.
The changes mean that civil legal aid applicants will pay:
* No contribution if annual disposable income is below £3,156
* One third of the amount by which their disposable income exceeds £3,355, up to £10,995
* Plus 50% of any disposable income between £10,996 and £15,000
* Plus 100% of any disposable income over £15,001 up to the upper limit of £25,000
The rest of any case costs would be met through legal aid payments.
Mr MacAskill said: "The Scottish Government is determined to use the powers at our disposal to help those facing difficult and uncertain times during the current economic slump. Today we will, at a stroke, bring 1,000,000 more Scots into potential eligibility for legal aid, where previously their disposable income automatically ruled them out of being considered.
"We believe the change is long overdue as the system has for many years unfairly excluded people of relatively modest means from pursuing what might be a complex and expensive legal action.
"The reformed financial eligibility limits, including a tapered contribution regime, provides a fairer system which can help many more people at just the time they might need it most."