Initial means test

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What is the initial means test?
Calculating the gross annual income
Calculating the weighting
Calculate the adjusted annual income
Examples

What is the initial means test?

The means test is the same in both courts but the outcome is applied differently.

The initial means test takes into account the applicant's gross annual income and family circumstances. Their gross annual inome is weihed to take account of the number and ages of family member. The resulting value is their adjusted annual income.

The formula for this is:

Gross annual income divided by weighting = adjusted income

Details of how to calculate gross annual income and weighting are shown below

Is your client eligible for legal aid?

The inital means test outcomes are as follows:

Annual Adjusted Income	Result	Magistrates’ Court	Committal for Sentence	Appeal to the Crown Court	Crown Court Trial
£12,475 or less	Pass	Funded	Funded	Funded	No income contribution
More than £12,475 but less than £22,325	Go to full means test	Depends on outcome of the full means test	Depends on outcome of the full means test	Possible fee, depending on outcome of full means test of appeal	Possible income contribution, depending on the outcome of the full means test
£22,325 or more	Fail	Not funded	Not funded	Possible fee, depending on outcome of the appeal	Income contribution

Calculating the gross annual income

Take the client’s income plus the income of their partner before tax and National Insurance deductions. If your client has no partner, then the calculation is based on the applicant’s own income.

The means test includes income from employment and or self-employment and other sources such as: friends, relatives, pension, property, lodgers, student loan, interest from savings and maintenance received from former partners.

Include State benefits*, notably: Child Benefit, Tax Credits, Incapacity Benefit, Industrial Injuries, Disablement Benefit, Savings Pension Credit and contribution-based Jobseeker’s Allowance.

*A number of State benefits are excluded and these are listed at Annex 5 of the Criminal Legal Aid Manual. For further details, please contact your National Courts Team.

Calculating the weighting

The weighting for a single adult is 1.00 + the total weighting for any children.

The weighting for a couple is 1.64 + the weighting for any children.

The weighting for each child is based on their age at their next birthday:

Age of child at next birthday	Weighting
0-1 years	0.15
2-4 years	0.30
5-7 years	0.34
8-10 years	0.38
11-12 years	0.41
13-15 years	0.44
16-18 years	0.59

To calculate the weighting factor for your client add up all the relevant figures: e.g. applicant 1 plus partner 0.64 plus any factors for children (multiply the number of children in each age group by the relevant value).

Calculate the adjusted annual income

Take the total income and divide it by the weighting factor.

Is the applicant eligible for legal aid?

Example 1

An applicant applies for legal aid. He has a partner and a child aged nine at her next birthday, a child aged five at his next birthday and a child aged two at his next birthday.

He earns £20,800 and his partner earns £11,000. The applicant’s adjusted income is calculated as follows:

Applicant = 1
Partner = 0.64
Child 1 = 0.38
Child 2 = 0.34
Child 3 = 0.30

The weighting factor is 2.66.

The total income received in this family is £31,800. Divide this figure by 2.66 equals £11,955.

£11,955 is the adjusted income for this applicant, which means that he passes the inital means test and recieves full funding.

Example 2

An applicant applies for legal aid. He has a partner and a child aged six at her next birthday.

He earns £20,800 and his partner earns £11,000. The applicant’s adjusted income is calculated as follows:

Applicant = 1
Partner = 0.64
Child = 0.34

The weighting factor is 1.98.

The total income received by the family is £31,800. Divide this figure by 1.98 equals £16,061.

£16,061 is the adjusted income for this applicant which means that he will now undergo the full means test.

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Last updated: 29 March 2011