HC Deb 26 January 1983 vol 35 cc428-9W
Ms. Harman

asked the Attorney-General how many successful applicants for civil legal aid, with dependent spouse or dependent children or both, were obliged to make a contribution to their legal aid from their disposable capital in each of the last three years for which the information is available.

The Solicitor-General

This information could be obtained only at disproportionate cost.

Ms. Harman

asked the Attorney-General what proportion of (a) all wage earners and (b) those on above average earnings are eligible for legal advice and assistance under the green form scheme.

The Solicitor-General

Financial eligibility for legal advice and assistance cannot be determined by reference solely to earnings. To take as an example that group of wage earners with a non-working spouse and two children aged under 11, it is estimated that at least 60 per cent. of the total group and 20 per cent. of those in the group with above average earnings would be eligible on income grounds.

Ms. Harman

asked the Attorney-General whether the Lord Chancellor has any plans to dispense with assessments of the means of supplementary benefit recipients who apply for legal aid.

The Solicitor-General

Assessments in such cases have been almost entirely dispensed with since 1979, and have been carried out only in the very rare case where it appears the applicant is about to come off supplementary benefit or has capital in excess of the lower legal aid limit. Further steps to improve the administration in such cases are under consideration.

Ms. Harman

asked the Attorney-General (1) what proportion of families consisting of an income-earning single parent with two children under 11 years of age were financially eligible for civil legal aid in each of the following years: 1979–80, 1980–81 and 1981–82, respectively;

(2) what proportion of wage earners are financially eligible for civil legal aid; and what proportion of these can obtain it free of contributions or with a contribution of less than £65;

(3) what proportion of families consisting of one income earner with a dependent spouse and two children under 11 years of age were financially eligible for civil legal aid in each of the following years: 1979–80, 1980–81 and 1981–82, respectively.

The Solicitor-General

Financial eligibility for legal aid cannot be determined by reference solely to earnings. Of the group of wage earners with a non-working spouse and two children aged under 11, it is estimated that at least 75 per cent. of such families were eligible on income grounds for civil legal aid in 1979–80, at least 70 per cent. in each of the years 1980–81 and 1981–82, and at least 75 per cent. this year. It is estimated that of those eligible this year about 48 per cent. would be eligible for non-contributory legal aid and an additional 5 per cent. would be eligible subject to a contribution of less than £65. It is estimated that at least 90 per cent. of families consisting of an income earning single parent with two children under 11 years of age were eligible on income grounds for civil legal aid in each of the years 1979–80, 1980–81 and 1981–82.

Ms. Harman

asked the Attorney-General (1) what was the number of applicants for civil legal aid in 1981–82; how many were refused legal aid solely because their disposable capital was above the eligibility level; and how many of these applicants had a dependent spouse or dependent children or both;

(2) what proportion of applicants for civil legal aid in 1981 were financially ineligible on capital grounds.

The Solicitor-General

The number of applications received for legal aid in 1981–82 was 266,596. Of these 7,214 were refused because the applicants were ineligible on financial grounds. Information on the number and proportion of those refused solely because applicant's disposable capital was above the eligibility limit could be obtained only at disproportionate cost.