Passported applicants

On this page:

Who is passported?
How do they apply?

Who is passported?

Some applications for legal aid are 'passported' through the means test. In other words, the application passes the means test automatically.

This will apply to your client if they are Under 18, or in receipt of any of the following benefits:

Income support
Income-based job seeker's allowance
guaranteed state pension credit
Income-related employment and suppport allowance

How do they apply?

Your client must complete a CDS 14 legal aid application form and submit it to magistrates’ court staff.

If your client is in receipt of one of the above benefits, they must provide their National Insurance Number (exceptions apply where your client has been remanded into custody by the court) and court staff will then check this to verify their status.

Where your client has missed their sign-on date, court staff can search over a longer period of time as long as their last sign-on date is on the CDS 14.

If they do not meet the ‘passporting’ criteria they will need to complete a CDS 15 financial statement form together with proof of income and capital assets.

Further information

Information on how court staff process passported applications is in the Criminal Legal Aid Manual section 15.

The forms are avaliable on our website under CDS > Forms.

Welsh speakers can download the forms from Gwybodaeth i gyflenwyr gwasanaeth

The applicant must also pass the Interests of Justice test to qualify for legal aid.

Last updated: 29 March 2011