LIFTING LID ON CAP

Most of us will have welcomed the increase in the number of people eligible for the legal help scheme as from 3 December, particularly as many people on low incomes were previously excluded.

Unfortunately, neither the government nor the Legal Services Commission emphasised the restrictions in eligibility for both Legal Aid and Legal Help brought into force at the same time.

This manifests itself in the 2,000 gross income cap, whereby nobody with a household income of 2,000 per month or more qualifies for any form of public funding no matter what their circumstances.The practical application of this came home to me when a client already in receipt of legal help (pre-3 December) who had previously had public funding was the respondent to an application for a residence order in relation to one of the children living with him.

He failed the 2,000 cap because his gross income was inflated by having eight dependent children (including step-children) - two of whom attract disability living allowance, and a wife.

Despite (or because of) being in receipt of working families tax credit, he did not qualify for funding, although he would have satisfied the net income test for funding with a contribution.

Even more outrageously, had he come in after 3 December, he would not have qualified for legal help.What is the purpose of this cap? Is it to penalise people for having large families and/or children with disabilities? Andrew Grand, solicitor, Isle of Wight