Published: 28th June 2023 This practice note is to assist practitioners in applying the judgment in PLP client Susie’s case – R (oao of WA) v Director of Legal Aid Casework and The Lord Chancellor [2023] EWHC 689 (Admin) – in which it was found that a dependant can be a member of more than one household when assessing eligibility for legal aid purposes. Practice note: Financial eligibility for civil legal aid – Dependants The decision in WA establishes that a dependant can be a member of more than one household when assessing eligibility for legal aid purposes. The case is relevant wherever an applicant for civil legal aid has a dependant who does not live in their home all the time. This will often arise in family cases where separated parents share caring arrangements for a child. These applicants will now be more likely to qualify for civil legal aid. Previous guidance directed legal aid agency caseworkers to choose one household to treat as the dependent family member’s household. The Lord Chancellor’s means testing guidance (updated May 2023) has now been updated, but simply refers to the judgment without explanation or guidance on how to apply it. It is important that dependants are treated as part of the applicant’s household where applicable. Where a family member is a dependant, this leads to a dependant’s allowance being deducted and for the actual costs of their accommodation (rent or mortgage) to be considered. Both things affect the calculation of disposable income. A person who has more than £733 of disposable income does not qualify for legal aid. Resources for legal aid practitioners READ: Domestic abuse survivor unlawfully denied Legal Aid in case against ex, court rules. READ: Practice note: Financial eligibility for civil legal aid – Dependants Are you an individual affected by these issues? PLP are a small charity specialising in public law and unfortunately, we do not have capacity to advise on eligibility in individual cases, before an application for legal aid has been made. A legal aid lawyer specialising in your legal issue (i.e. family) could assist to make an application for legal aid, who should be made aware of the judgment and the resources available on this page. Details of family lawyers able to provide legal aid can be found by using the search on the Ministry of Justice website and on our signposting list: PLP’s signposting list You might be interested in… The Civil Legal Aid Means Test: a system still failing those who need it most