Full means test
On this page:
- When to use the full means test
- How the full means test works
- Calculating the adjusted living allowance
- Is your client eligible for legal aid?
When to use the full means test
After the initial means test, if the adjusted annual income is calculated as more than £12,475 and less than £22,325, a full means test will be carried out.
How the full means test works
The adjusted annual income used in the initial means test is not valid for the full means test. The full means test works out your client's disposable income. This is calculated by deducting the following from the gross annual income
- tax and National Insurance
- anuual housing costs
- annual childcare costs
- annual maintenance to former partners and any children
- an adjusted annual living allowance.
Calculating the adjusted living allowance
The annual living allowance takes account of an average person’s essential spending on items like food, clothing and fuel. For a single person the allowance is £5,676. The adjusted allowance is weighted to take account of the size of their family – see calculating the weighting for weighting values. For example, a client with a partner and two children aged one and 12 has a weighting of 2.20. Their weighted annual living allowance is £5,676 x 2.2 = £12,487.
Is your client eligible for legal aid?
The outcomes of the full means test are as follows:
| Annual disposable income | Result | Magistrates’ Court | Committal for Sentence | Appeal to Crown Court | Crown Court Trial |
|---|---|---|---|---|---|
| £3,398 or less | Pass | funded | funded | funded | No income contribution |
| More than £3,398 | fail | Not funded | Not funded | Possible fee depending on outcome of appeal | Income contribution |
Your client must also pass the Interests of Justice test to qualify for legal aid.
Last updated: 28 March 2011