Universal credit entitlement to legal aid in Scotland?

blackstar

Hello 

All, not specifically a Universal Credit question but if you are in receipt of Universal credits does that automatically passport you to be eligible for legal aid?

I am in Scotland so not sure if it makes a difference?

Just I was speaking to a solicitor and explained I am in receipt of Universal Credits and she then said ok well need to make sure you are eligible and was asking about mine and my wife income??? Confused?

kaMelo

Apologies to the OP, somehow I forgot Scotland has its own legal system

sheramber

Scotland has its own legal aid system

https://www.mygov.scot/legal-aid

blackstar

sheramber said:

Scotland has its own legal aid system

https://www.mygov.scot/legal-aid

Thanks. I've read all this and makes zero sense.
I did their online assessment and first question was do you receive certain benefits and I selected Universal Credits and it said I qualified for legal aid in Scotland but then reading other things it says you don't qualify if you have more than   £1,716 in savings???? So confusing 

HillStreetBlues

blackstar said:

sheramber said:

Scotland has its own legal aid system

https://www.mygov.scot/legal-aid

Thanks. I've read all this and makes zero sense.
I did their online assessment and first question was do you receive certain benefits and I selected Universal Credits and it said I qualified for legal aid in Scotland but then reading other things it says you don't qualify if you have more than   £1,716 in savings???? So confusing 

I had a read and it isn't clear, but my view is that UC does give you access to legal aid, as the bit I read is that UC is a passport benefit and should automatically pass the financial test.  The financial test is made up of both income & saving, so can't see how it would be a passport benefit if it only met half of the criteria.

EDIT Thought quote source https://www.lawscot.org.uk/for-the-public/what-a-solicitor-can-do-for-you/legal-aid/

There’s a calculator tool on their website which can give you a rough estimate on whether you’re financially eligible. If you receive a passported benefit, for instance income-based jobseekers’ allowance, then you should automatically pass the financial test

Spoonie_Turtle

Seems fairly straightforward to me:
https://www.mygov.scot/legal-aid/advice-and-assistance

If you get benefits

You might qualify for free advice and assistance if you get:

• Universal Credit
• Income Support
• income-based Jobseeker's Allowance
• income-based Employment and Support Allowance

'Income-based' is a type of benefit you get because you're on a low income.

 

If you have savings

If your capital (savings and anything you own that's valuable – not your home) are worth less than £1,716 on the day you apply, you may be able to get advice and assistance (depending on your disposable income).

If your capital is worth more than £1,716, you won't be eligible for advice and assistance.

Northern_Wanderer

You could check here: https://www.slab.org.uk/new-to-legal-aid/eligibility-estimators/

https://www.slab.org.uk/new-to-legal-aid/information-on-legal-aid-in-scotland/

haz25a

blackstar said:

sheramber said:

Scotland has its own legal aid system

https://www.mygov.scot/legal-aid

Thanks. I've read all this and makes zero sense.
I did their online assessment and first question was do you receive certain benefits and I selected Universal Credits and it said I qualified for legal aid in Scotland but then reading other things it says you don't qualify if you have more than   £1,716 in savings???? So confusing 

Hi,

I have recently been in touch with the Scottish Legal Aid Board regarding my eligibility criteria for Legal Aid.

If you are in receipt of an income based benefit e.g. Universal Credit then you are eligible for Legal Aid UNLESS you have savings of over £1,700. If you do, then you are NOT eligible for Legal Aid due to your savings.

Hope this helps.