Legal aid means assessment and PIP benefit backpay lump sum

Hello,

Can anyone tell me if a PIP benefit backpay lump sum should be disregarded for legal aid means assessment please.

A client says that a solicitor has said the lump sum has resulted in her having too much capital to be able to get legal aid.

Always best to double check!

Thank you,

Lee

Looks like they are correct. From our Getting legal and financial advice factsheet:

6.2.2 Means test for Legal Help and Help at Court
To qualify, your income and capital must be below certain levels. If you have more than £8,000 capital, or your gross income is more than £2,657 a month, you are not eligible. The rules are complicated and even if you have less money, you may not be eligible.

You are automatically eligible if you receive Guarantee Credit Pension Credit, Universal Credit, Income Support, income-related Employment and Support Allowance, or income-based Jobseeker’s Allowance. However, you must still satisfy the capital means test.

So even if you’re on MTB’s, the capital rules still apply and not aware of disregard for benefit arrears.

Thank you Paul!