Initial means test
On this page:
- What is the initial means test?
- Calculating the gross annual income
- Calculating the weighting
- Calculate the adjusted annual income
- Examples
What is the initial means test?
The initial means test takes into account gross income and adjusts it against the applicants family size.
Gross annual income divided by weighting = adjusted income
Calculating the gross annual income
Take the applicant’s income plus the income of their partner before tax and National Insurance deductions. If the applicant has no partner, then the calculation is simply done on the applicant’s own income.
Include income from employment and other sources such as: friends, relatives, pension, property, lodgers, student loan, interest from savings and maintenance received from former partners.
Include State benefits*, notably: Child Benefit, Tax Credits, Incapacity Benefit, Industrial Injuries, Disablement Benefit, Savings Pension Credit and contribution-based Jobseeker’s Allowance.
*A number of State benefits are excluded and these are listed at Annex 1 of the Criminal Legal Aid Guidance. For further details, please contact your National Courts Team and refer to the Hardship review page.
Calculating the weighting
The weighting for a single adult is 1.00 + the total weighting for any children.
The weighting for a couple is 1.64 + the weighting for any children.
The weighting for each child is based on their age at their next birthday:
| Age of child at next birthday | Weighting |
|---|---|
| 0-1 years | 0.15 |
| 2-4 years | 0.30 |
| 5-7 years | 0.34 |
| 8-10 years | 0.38 |
| 11-12 years | 0.41 |
| 13-15 years | 0.44 |
| 16-18 years | 0.59 |
To calculate the weighting factor for an applicant add up all the relevant figures: e.g. applicant 1 plus partner 0.64 plus any factors for children (multiply the number of children in each age group by the relevant value).
Calculate the adjusted annual income
Take the total income and divide it by the weighting factor.
Is the applicant eligible for legal aid?
If an applicant’s adjusted annual income is:
- £12, 475 or less: they pass the initial means test and are eligible for legal aid subject to passing the Interests of Justice test
- £22, 325 or more: they have failed the means test and are ineligible for legal aid
- more than £12, 475 and less than £22, 325: a full means test will be carried out.
Examples
Example 1
An applicant applies for legal aid. He has a partner and a child aged nine at her next birthday, a child aged five at his next birthday and a child aged two at his next birthday.
He earns £20,800 and his partner earns £11,000. The applicant’s adjusted income is calculated as follows:
Applicant = 1
Partner = 0.64
Child 1 = 0.38
Child 2 = 0.34
Child 3 = 0.30
The weighting factor is 2.66.
The total income received in this family is £31,800. Divide this figure by 2.66 equals £11,955.
£11,955 is the adjusted income for this applicant, which means that he passes the financial means test.
Example 2
An applicant applies for legal aid. He has a partner and a child aged six at her next birthday.
He earns £20,800 and his partner earns £11,000. The applicant’s adjusted income is calculated as follows:
Applicant = 1
Partner = 0.64
Child = 0.34
The weighting factor is 1.98.
The total income received by the family is £31,800. Divide this figure by 1.98 equals £16,061.
£16,061 is the adjusted income for this applicant which means that he will now undergo the full means test.
Last updated: 17 July 2008