Eligibility For Public Funding (Formerly Known as Legal Aid)
Many parents believe they are unable to bring a claim on their child's behalf because they believe that the Legal Services Commission shall take into account their own financial means as oppose to those of their child. This is incorrect.
If you believe that your child's injuries may have been caused as aresult of clinical negligence, you are entitled to contact solicitors who would initially prepare an application for public funding on your child's behalf.
To be eligible for public funding, the following must be satisfied.
- There is merit in public funds being spent to investigate a claim ie. the allegations of negligence seem justified
- A person falls within the financial limits to qualify for public funding
- Financial eligibility is assessed upon a person's income and disposable capital
- Disposable Income
Income means the total income from all sources that a person may reasonably expect to receive in the 52 weeks following the date of an application. Many children receive disability living allowance. Though this must be declared to the Legal Services Commission, it is discounted when assessing a child's eligibility for public funding.
If a child's disposable income is above 8,067 per annum, he/she is automatically not entitled to public funding.
Disposable Capital
If a person's capital is above 6,750, he/she is automatically ineligible for public funding whatever his/her disposable income may be.
If a person has capital in excess of 3,000 but less than 6,750, the Legal Services Commission will request a contribution towards his/her public funding for the balance above 3,000.
Contributions
In some circumstances, the Legal Services Commission may require a person to make a contribution to his/her public funding certificate should his/her financial means be over the minimum levels but be under the maximum levels before not being eligible for public funding. If a payment is required as a result of a person being over the minimum in relation to disposable income, he/she will be asked to make a monthly repayment towards his/her public funding for an amount set by the Legal Services Commission. Such repayments will continue until the conclusion of the case, unless there is a change in financial circumstances, in which case the Legal Services Commission can be approached and requested to reassess that person's financial means.
If the Legal Services Commission assess a person as needing to make a payment from his/her disposable capital, such a payment is usually made as a one off lump sum payment.
The effect of such contributions towards public funding are as follows.
- If a case proceeds to an investigation and/or to trial and a person is unsuccessful, then that person's contribution will be limited to the payment that has been made up to the date of discharge of his/her public funding certificate. If the legal costs assessed by the Legal Services Commission are less than the payments that have been made, that person could be entitled to a recoupment of the balance.
- If a case proceeds to Court or to settlement and a person is successful in recovering costs, then he/she may recover the monies paid by way of a contribution.
- If a person succeeds in his/her claim, hopefully the majority and possibly all of the legal costs incurred on that person's behalf will be met by the Defendant. However there is a misconception that if a person is successful he/she automatically recovers all of his/her costs. This is not necessarily the case. There are costs that may be incurred during the course of the litigation that are considered by the Judge (the final arbitrator on costs), to have been reasonably incurred under the scope of the certificate of public funding, but not to be reasonably paid by the Defendant. Such costs are charged against any award from compensation that may be received.
If you have more specific questions about birth injury and public funding, please complete the online enquiry form.
If you have any comments in relation to Eligibility For Public Funding, please use the online discussion forum.
I know you are totally committed to the mesothelioma awareness and work tirelessly for all your claimants diagnosed with this cruel disease. The first time Trevor and I met you, later I asked Trevor how he felt the meeting had gone, "we're in good hands" he said. I never realised at the time that I would lose Trevor within six months and have to carry on the claim without him.
You supported me all the way, I was so fragile and grief stricken but you were so patient, kind and sincere with me. My admiration and gratitude for you is beyond words. Trevor was right, we were in good hands. Val, Barnsley
