HC Deb 11 January 1996 vol 269 cc290-2W
Mr. Andrew Smith

To ask the Parliamentary Secretary, Lord Chancellor's Department in what circumstances an individual earning £18,000 per year and renting out a property would qualify for legal aid. [7798]

Mr. Jonathan Evans

An applicant will satisfy financial qualifications for legal aid if disposable income and capital fall within the statutory requirements. Disposable income and capital is that which is left from total income and capital after certain allowances have been deducted. Non-contributory civil legal aid as available if an individual's disposable income and capital are below £2,425 and £3,000 respectively. If disposable income falls between £2,425 and £7,187, or £7,920 for personal injury cases, respectively, an individual will have to pay a contribution. If disposable income and capital are above the upper limits then an individual will he outside the scheme. In criminal cases an applicant will receive non-contributory legal aid if weekly disposable income and capital is below £47 and £3,000 respectively. A contribution will be required if weekly disposable income and capital is above those limits. There are no upper limits in criminal legal aid.

Mr. Smith

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the criteria for eligibility for legal aid. [7799]

Mr. Evans

The financial eligibility criteria for both civil and criminal legal aid are set out in my answer today to the hon. Member's question about the circumstances in which an individual earning £18,000 per year and renting out property would qualify for legal aid.

In civil cases, the applicant must also satisfy the Legal Aid Board that he or she has reasonable grounds for taking, defending or being a party to proceedings, and that it is reasonable in the particular circumstances of the case for legal aid to be granted. These tests must be met throughout the time that the case is legally aided.

In criminal cases, the court must also be satisfied that it is in the interests of justice that the applicant should have legal representation. In deciding whether it is the interests of justice, the court must take several factors into account, including whether the charge against the defendant is so serious that he or she may be imprisoned or lose his job if convicted or whether there is a substantial point of law to be considered in the case.

Mr. Smith

To ask the Parliamentary Secretary, Lord Chancellor's Department what steps a member of the public can take to ensure that a fraudulent claim for legal aid is properly investigated. [7800]

Mr. Evans

Members of the public can write to the Legal Aid Board if they have any evidence or suspicion that a fraudulent claim has been made for civil legal aid or for green form advice and assistance. The board will investigate any allegations of fraud. Allegations of false declaration of means by an assisted person are referred to the Benefits Agency to investigate further. If the allegations are substantiated, the Legal Aid Board revokes the legal aid certificate and the assisted person is liable to pay all costs incurred. Certain cases may be referred to the police who will consider prosecution under section 39 of the Legal Aid Act 1988.

Members of the public who have evidence of a fraudulent claim for criminal legal aid should write to the relevant court. The courts investigate allegations of fraudulent claims and refer substantiated allegations to the police.