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Income limit raised for legal aid | |
(1 day later) | |
More than one million more Scots could now be eligible for financial help with the cost of civil court cases. | More than one million more Scots could now be eligible for financial help with the cost of civil court cases. |
The upper disposable income threshold for civil legal aid has been more than doubled to £25,000. | The upper disposable income threshold for civil legal aid has been more than doubled to £25,000. |
Justice Secretary Kenny MacAskill said the change would create a fairer system at a time of growing economic hardship. | Justice Secretary Kenny MacAskill said the change would create a fairer system at a time of growing economic hardship. |
Nearly three quarters of adults could qualify for help in cases such as divorce proceedings, child custody, repossessions or employment tribunals. | |
Under the new rules, people with disposable income of less than £3,156 will make no contribution towards their legal costs. | Under the new rules, people with disposable income of less than £3,156 will make no contribution towards their legal costs. |
Those with incomes up to £25,000 will make a contribution, rising in line with their earnings. | Those with incomes up to £25,000 will make a contribution, rising in line with their earnings. |
This opens up access to justice for more people and is particularly welcome news in a difficult economic climate Lindsay MontgomeryScottish Legal Aid Board | This opens up access to justice for more people and is particularly welcome news in a difficult economic climate Lindsay MontgomeryScottish Legal Aid Board |
Mr MacAskill said: "Today we will, at a stroke, bring one million more Scots into potential eligibility for legal aid, where previously their disposable income automatically ruled them out of being considered. | Mr MacAskill said: "Today we will, at a stroke, bring one million more Scots into potential eligibility for legal aid, where previously their disposable income automatically ruled them out of being considered. |
"We believe the change is long overdue as the system has, for many years, unfairly excluded people of relatively modest means from pursuing what might be a complex and expensive legal action." | "We believe the change is long overdue as the system has, for many years, unfairly excluded people of relatively modest means from pursuing what might be a complex and expensive legal action." |
Scottish Legal Aid Board chief executive Lindsay Montgomery welcomed the changes. | Scottish Legal Aid Board chief executive Lindsay Montgomery welcomed the changes. |
"This opens up access to justice for more people and is particularly welcome news in a difficult economic climate," she said. | "This opens up access to justice for more people and is particularly welcome news in a difficult economic climate," she said. |
"This substantial increase in financial eligibility for civil legal aid will help people who previously would not have been able to afford to pursue or defend their case." | "This substantial increase in financial eligibility for civil legal aid will help people who previously would not have been able to afford to pursue or defend their case." |
Aid 'loan' | |
Mike Dailly, from the Govan Law Centre, told the BBC Radio Scotland's Good Morning Scotland programme he welcomed the move but raised a note of caution that as income levels rose the contributions towards the final bill would need to be paid. | |
He said: "This is really positive but in some respects what this reform is really doing is giving people effectively a bit of a loan - time to pay their own legal bill. | |
"For many people that have a case that may only cost a few thousand pounds, what we're discovering is that low paid families do not have the money to pay these sorts of legal fees. | |
"So ultimately I don't think this is going to have the impact the Legal Aid Board think it will - I think it's a good thing, but it's certainly not going to open up legal aid to an extra one million Scots." | |
In order to receive financial help, applicants must have a legal basis for the case and it must be reasonable in the particular circumstances that they should receive legal aid. | In order to receive financial help, applicants must have a legal basis for the case and it must be reasonable in the particular circumstances that they should receive legal aid. |
The previous upper income limit for civil legal aid was £10,306. | The previous upper income limit for civil legal aid was £10,306. |
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