Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what powers the Legal Aid Agency has to grant legal aid even where the means test is not met.

For civil legal aid, the Legal Aid Agency has discretion to grant legal aid in a small number of cases, even where the income or capital elements of the means test are not met. These are set out in Regulations 9-12 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (as amended).

In addition, the regulations exempt some types of civil legal aid cases from the means test entirely, for example, certain proceedings relating to the care, supervision and protection of children.

For criminal legal aid, the Legal Aid Agency does not have discretion to waive the means test. However, there are safeguards, such as the hardship review mechanism and exemptions for youths, which afford additional protection for vulnerable applicants. Some areas of criminal legal aid provision, including police station work, remain non-means tested.