Means tips
1. Frequency of wages and benefits
Entering the wrong frequency for wages or State Benefits can incorrectly make your client appear eligible.
State Benefits are usually paid weekly, fortnightly or every four weeks, except for Universal Credit that is paid monthly.
Wages may be paid weekly, fortnightly, every four weeks, or monthly.
2. Childcare costs
A childcare deduction can be given when the client attends work or a place of study. We consider usual term-time childcare costs and require evidence of client payments such as receipts or payments evidenced on bank statements.
3. Housing costs
We require evidence of their rent or mortgage liability and of them making the payments.
If the client pays board and lodgings, provide a letter from the person they make payments to. This should confirm:
- the amount paid
- how the payments are apportioned to rent, food, utilities and other incidentals
- They should highlight all corresponding payments on their bank statements.
4. Passported applications
Enter the client’s name, date of birth and National Insurance number accurately.
Incorrect details are the main reason for unconfirmed benefit checks.
If the check is not confirmed, a full benefit award letter is required.
5. Bank statements
Bank statements should cover the three months preceding the computation date. Statements need to:
- be legible and continuous
- have a visible name and account number
- show all transactions and balances.
6. Unclear transactions
Most further information requests relate to:
- credits from unknown sources
- transfers to or from undeclared accounts.
Reduce further information requests by highlighting and explaining such transfers, particularly where they are:
- marked with the client’s name or an account number that does not correspond to any of the declared accounts
- regular cash credits or credits from the same source or individual.
7. Further information requests
Answer all questions in requests for further information to avoid additional requests and delays.
8. Tasks and notifications
Amend the task status when replying to notifications or uploading documents to ‘documents sent’.
Updating a task status to ‘acknowledged’ will not return the request to the LAA and closes the task.
9. Outcomes (case concluded)
When the case has concluded and your bill is ready, submit your outcome codes to prevent:
- unnecessary requests for a means reassessment
- the client paying contributions which may no longer be required.
10. Requests
Submit the correct task relating to your request to avoid delays. For example, if a review of the means assessment is required, submit a request means review task.
Merits Tips
1. Non-molestation applications
If the applicant’s statement to court does not address the question of recent police involvement, include this in the merits report or as a separate document.
Address the question of available alternative remedies on the statement of case or the Merits Report.
This is outlined in Paragraphs 10.28–10.30 of the Lord Chancellor’s LASPO guidance on GOV.UK and shows that the proportionality test is satisfied.
2. Injunction and children proceedings
You can delegate for injunction and children proceedings, relying on the injunction to bring the children matters into scope, if:
- the orders are obtained at the same time
- copies of the orders are uploaded to support the application
If the orders are not available when you submit the application, confirm the applications were made at the same time in the statement in the merits report.
3. Domestic abuse and child protection
Where possible, encourage organisations providing supporting evidence to use the template letters provided on the GOV.UK website.
Before uploading the evidence, check it contains all the required information and the format of the template letter has not been altered.
4. Family Help Higher applications
We need to be satisfied all reasonable alternatives have been exhausted prior to issuing proceedings (to satisfy Regulation 36 of the merits criteria regulations).
We expect negotiations to be attempted even if the application has been submitted relying on supporting domestic abuse evidence. This is unless negotiations are impracticable, such as due to urgency.
5. Children
Ongoing case cases and deprivation of liberty
You may add an application for a deprivation of liberty order to an existing Special Children Act (SCA) certificate, if it is:
- to be heard within ongoing care proceedings
- under the inherent jurisdiction of the High Court
You’ll need to add a hearing limitation and the proceeding wording.
If the application is timetabled separately from care proceedings, submit a means and merits application for inherent jurisdiction proceedings.
Section 37 reports
In private law proceedings under the Children Act 1989, legal aid is available for section 37 reports where the court directs the local authority to report on a child’s circumstances.
Funding is limited to producing the section 37 report, under paragraph 1(b) of schedule 1, part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
Select “Children – Miscellaneous Proceedings, Represented”.
If the local authority does not bring its own proceedings once the report has been filed, legal aid funding will end.
If the local authority does bring proceedings, submit a separate application for legal aid in SCA proceedings.
Article 21 rights of access to a child
In CCMS, select “Section 8 Child Arrangement (contact) Order for Full Representation limited to Final Hearing” if you are:
- representing an applicant in proceedings relating to article 21 of the Hague Convention 1980
- providing a letter from the International Child Abduction and Contact Unit (ICACU)
To make sure your application is identified correctly, email:
Stephen.Spittlehouse@justice.gov.uk
6. Anti-social behaviour injunctions
Submit applications for representation on Part 1 Anti-social Behaviour, Crime and Policing Act injunctions under your residual legal aid contract, not under housing.
Select the nuisance matter type.
7. Committal
Respondents to committal applications are funded under criminal (NOT civil) legal aid.
Apply in accordance with guidance on GOV.UK.
Applicants for committal and respondents to enforcement applications, where liberty is not at stake, continue to be funded under civil legal aid.
8. Housing
Possession
Provide a detailed statement of case and all relevant supporting evidence, including:
- particulars of claim or claim form
- statement or affidavit in support
- any notice to quit or notice seeking possession
- the statement setting out details of your client’s defence
Appeals to the County Court under section 204 of the Housing Act 1996
Select the correct proceeding option ‘Homelessness-Housing Act 1996-Housing’ and upload:
- copies of the original S.184 decision
- any representations to support the S.202 review
- the S.202 decision and
- your proposed grounds for appeal.
9. Appealing against refused applications
Submit a Legal Appeal Request (NOT a case enquiry) to enable us to properly set up the appropriate appeal task on our system.
10. Document requests
When responding to a document request, change the status to ‘Sent’ to return the task to our work queues.
If you don’t upload documents and simply reply to the request, change the status to ‘Not Sent’.