News story

Civil/crime news: amendments to legal aid eligibility legislation

Compensation provided to claimants of the Windrush compensation scheme will now be disregarded when assessing civil and criminal legal aid eligibility.

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We have amended legal aid legislation to ensure that claimants of the Windrush compensation scheme are not disadvantaged in applying for legal aid.

What has changed?

As of the 1st May 2019 amendments will come into force which change the following legal aid regulations to enable such payments to be disregarded from both civil and criminal legal aid eligibility assessments:

  • The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
  • The Criminal Legal Aid (Financial Resources) Regulations 2013
  • The Criminal Legal Aid (Contribution Orders) Regulations 2013

These amendments will ensure that the receipt of such compensation payments will not affect an individual’s eligibility for legal aid or liability to pay contributions.

Further information

Disregard of Windrush compensation scheme payments guidance - full information for legal aid providers

Windrush compensation scheme guidance - for full details regarding the scheme

Published 1 May 2019