Reassessment of meansCivil legal aid:financial eligibility:reassessmentCivil legal aid:financial eligibilityCivil legal aid:financial eligibility:reassessmentCivil legal aid:financial eligibilityCivil legal aid:financial eligibility:reassessmentCivil legal aid:financial eligibility
3.65The means tests are not one-off tests; if clients’ circumstances change during a case, their means should be reassessed. In the case of controlled work, you should reassess means yourself, and if the client is no longer eligible, you may need to withdraw the funding. In the case of licensed work, you should report the change of circumstances to the LAA for them to reassess the means. The LAA Guide to determining financial eligibility for controlled work
1See www.gov.uk/civil-legal-aid-means-testing. says that it may not be appropriate to reassess the client’s means unless they have improved ‘dramatically’, or the matter is likely to run for some time, suggested as three months or more for controlled work. For certificated work, any change in circumstances must be reported to the LAA and will result in a re-assessment of means provided the criteria below are met.
3.66Regulation 20 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 provides – for all levels of service subject to means assessment – that where:
•disposable income has increased by more than £60 or decreased by more than £25;
•disposable capital has increased by more than £750; or
•the client is no longer in receipt of a passporting benefit,
a reassessment must take place unless it is inappropriate to do so having regard to the period for which legal aid is likely to continue. In the case of controlled work whether it is inappropriate will be a decision for you, applying the guidance set out above. In the case of licensed work for the LAA further contributions from capital may be required. See the Means Assessment Guidance issued by the LAA’s legal team for more information.
2www.gov.uk/civil-legal-aid-means-testing.3.67It is the client’s duty to report any change of circumstances to you,
3Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 reg 18. and therefore you must always advise clients of the existence of this duty at the first meeting. It should be confirmed in your standard letter.