OUR MISSION & AIM The commission will promote fair and equal access to justice in Northern Ireland in it's provision of publicly funded legal services.

Our aim is to provide high quality, customer focused services that target those in greatest need and demonstrate value for money.


  FAQS CATEGORY LIST
We have identified some of the most 'frequently asked questions' experienced by each of our business areas. This list is not exhaustive but it is hoped its content will provide you with useful guidance.
Financial Forms - CLA4, L17 and L1A
Raised at recent Triage Seminars
  There are 24 FAQs in this category
Q: Is there any need to provide a list of other benefits if the applicant is in receipt of a passport benefit?
A: No, there is no requirement to provide ANY other information or proof of mortgage commitments etc if the client is in receipt of a passport benefit. Entitlement to the passport benefit overrides all other benefits/income.
Q: What if the minor is 17 years old?
A: All sections of the financial form still apply to the minor’s income, capital etc. If the minor applicant is aged between 16 and 18, the minor applicant should also countersign the CLA4 with the parent or next friend.
Q: What if a minor applicant has capital?
A: Capital, whether in a Child Trust Fund, Savings account etc.. must be declared regardless of the age of the applicant.
Q: If an applicant is in receipt of a benefit, irrespective of whether it is a passport benefit or not, and their circumstances change so that they are entitled to another benefit, are they required to i
A: inform the Commission in relation to the change in financial circumstances.
Yes, there is a statutory obligation to notify the Commission of any change in within the computation period. The computation period runs for twelve months from the date the application is signed by the applicant. The Legal Aid Assessment Office (LAAO) has set guidelines for determining financial eligibility and changes in an applicant’s means could result in a decrease in the level of contributions.
Q: If a case (covered by a civil aid certificate) is still running after the end of the financial eligibility computation period is it still necessary for the applicant to inform any change in financial
A: circumstances?
Yes. The Commission must consider reviewing eligibility even if the 12 month computation period has expired, but only if the change is likely to render an assisted person outside scope.
Q: What would the consequences be if the applicant did not inform the Commission of a financial change?
A: If it comes to light at a later stage, there is the possibility of any Legal Aid Certificates being discharged, the Commission will pursue any debt due through the Court, Enforcement of Judgments Office (EJO) etc which could have a bearing on the client’s credit rating.
Q: If the applicant is not able to accept an offer of a certificate within the specified 28 days, will the offer lapse?
A: Yes, the offer of Legal Aid will automatically lapse after the 28 days has elapsed and the applicant will have to re-apply for Legal Aid if they wish to continue with the case.
Q: If a client is in receipt of a passport benefit is there any need to complete the remainder of the form?
A: No, disregard any instructions to do so and cross out the relevant subsequent paragraphs as these will not apply to your client.
Q: On page 8 of the CLA4 with regards to Housing Costs it states “It is necessary for EVERYONE to fill in this section” Is this correct?
A: No. If the applicant is in receipt of a passport benefit - Income Support, Income Based Job Seekers Allowance, Guaranteed State pension credit and Income Related Employment and Support Allowance they are not required to complete any questions after Question1, Section 2 – Benefits (on page 3). The Commission acknowledges that this is not clear from the current wording on the form and accordingly the form will be amended to provide clear guidance.
Q: Is there any chance of this being changed so that the schemes are in harmony and so that there is only one legal aid test for financial eligibility?
A: This is a decision for the Minister of Justice and for the Northern Ireland Assembly.
Q: Must the applicant provide all pages from a Tax Credit award letter?
A: Not necessarily. The applicant should provide all completed pages and inform that the pages not attached are blank e.g. “Pages X to Y are blank”. There are occasions when solicitors submit completed pages of an award letter e.g. 1 to 4 but the letter indicates that there are 8 pages. The Triage team cannot assume that pages 5-8 are submitted. To avoid this simply indicate that any pages not submitted with the application are blank and do not contain any information.
Q: Are the passport benefits those listed under 1(a) of the CLA4?
A: No, only Income Support, Income Based Job Seekers Allowance, Guaranteed State pension credit and Income Related Employment and Support Allowance are the passported benefits.
Q: Is Working Tax Credit a passport benefit?
A: No, only Income Support, Income Based Job Seekers Allowance, Guaranteed State Pension Credit and Income Related Employment and Support Allowance are passported benefits.
Q: Is a CLA4 required for all Children Order proceedings?
A: No financial form is required for the non-means, non-merits tested (mostly Public Law) cases. High Court Bail applications also no longer require a financial form provided a Criminal Aid Certificate has been granted in the lower court and there has been no change in the applicant’s financial circumstances since the Criminal Aid Certificate was granted.
Q: Is Employment and Support Allowance a passport benefit?
A: Only Income Related Employment and Support Allowance is a passport benefit.
Q: Is Pension Credit a passport benefit?
A: Only Guaranteed State Pension Credit is a passport benefit.
Q: Is a student loan considered as income?
A: Yes, it is treated as such with allowances.
Q: Subject matter of dispute – An agreement has been reached regarding the transfer of the property etc but the transfer has not taken place at the time of the application. Is the property etc considered
A: subject matter?

No, as an agreement has been reached the transfer of the property is not in dispute.
Q: Is the matrimonial property disregarded as capital in family proceedings if an Occupation Order is in place?
A: In many cases the matrimonial property will be disregarded as this will be the subject matter of the dispute or the applicant’s primary residence.
Q: What if applicant has an investment property which is in negative equity-is the value of the property disregarded?
A: This would be a matter for the Legal Aid Assessment Office to determine. In general terms the value of all investment property must be taken into account.

Q: Is it only in employer liability cases that the LAAO will accept the previous 6 wage slips as evidence of income in place of a completed L17?
A: No, in all cases the applicant can submit the 6 previous wage slips but these must be current to the application date
Q: Section 9 on Page 11 of the CLA4 – is it necessary to provide estimates/values for assets that are the subject matter of dispute?
A: No, these are not required for the purpose of the means assessment as being the subject matter of dispute they are disregarded for financial eligibility. It is important that details of any assets in dispute are identified and listed on this page as this can impact on the assessment of the applicants means by the LAAO.
Q: Will the LAAO accept alternative proof of a Tax Credit (other than the award letter)? E.g. the client has lost their copy but can provide bank statements.
A: No. The LAAO instruct that the only acceptable proof is the actual and most recent award letter. They also require a copy of the full letter as verification or an explanation that certain pages are blank.
Q: Are children under 16 years of age assessed in their own right?
A: Yes (this is different from Legal Advice and Assistance).
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