Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the impact of economic abuse on eligibility for civil legal aid under the legal aid means test.

The civil legal aid means test assesses an applicants’ income and capital. Applicants may be eligible for civil legal aid if their income and capital is below certain prescribed thresholds.

The means test contains provisions intended to support access to legal aid for victims of domestic abuse, including economic abuse. The Director of Legal Aid Casework has a discretionary power to value non-monetary capital, such as that which may be inaccessible to the individual because of domestic abuse, at a value they deem equitable, so that it does not unfairly disqualify individuals from access to legal aid.

There is an equity disregard for victims of domestic abuse who have temporarily left their home, which deducts £100,000 of their share in the home equity from the assessment of capital. It ensures that victims who have been forced to leave their home due to the presence of a perpetrator are not disadvantaged when their eligibility for legal aid is assessed.