Civil legal aid means test 2026 — income and capital limits in plain English

REVIEWED BY: Sean McNamara on 2026-08-30

Whether you qualify for civil legal aid in England and Wales depends on three separate tests: scope (is your type of case covered?), means (your finances) and merits (Prospects of success). This guide explains the means test — the income and capital limits that apply from 6 April 2026, as published by the Legal Aid Agency (LAA). It is general information, not legal advice.

The headline limits (from 6 April 2026)

| Test | Limit | |---|---| | Gross monthly income | £2,657 or less | | Disposable monthly income | £733 or less | | Disposable capital | £8,000 or less (civil cases generally) |

For families with more than 4 child dependants, add £222 to the gross income cap for the fifth and each further child.

How the three-step income test works

1. Passporting check. If you receive certain benefits — Income Support, income-based JSA, income-related ESA, Universal Credit, or Pension Credit (Guarantee Credit) — you are passported through the income test automatically. Your capital is still assessed 2. Gross income test. If you're not passported, your gross monthly income (including your partner's, where applicable) must be £2,657 or less. Above this, you are ineligible — unless a waiver applies (for example, the domestic abuse waiver, or the immigration waiver) 3. Disposable income test. Fixed allowances are deducted — for a partner, for dependants, tax, national insurance, housing costs (capped at £545 in certain cases), childcare for work or study, and maintenance you pay. The resulting disposable income must be £733 or less per month

The capital test

Disposable capital must be £8,000 or less for most civil legal services (£3,000 for certain immigration matters)
If you have an interest in assets that are in dispute — for example a share of the family home in a financial remedy case — only the value above £100,000 counts toward the means assessment (the "subject matter of dispute disregard"). This matters enormously in family cases, where your apparent capital may be tied up in the very asset being litigated
Contributions: if your disposable income exceeds £315 per month, or your capital exceeds £3,000, you may have to pay a contribution toward licensed work (legal representation), on a rising scale

Family law specifics

Non-molestation and occupation order applications — legal aid is available without the usual scope restrictions if you are a victim of domestic abuse; the means test still applies, but the evidence requirements are relaxed (the domestic abuse waiver can waive the capital limit entirely in certain cases)
Child arrangements proceedings — legal aid is only available in private law children cases in limited circumstances (for example, where there is evidence of domestic abuse or child protection concerns)
Family mediation — legally aided family mediation is available to eligible clients and is non-contributory; the means test applies but there is no contribution from people whose cases are within scope
Care proceedings — parents are automatically financially eligible for legal aid in care and supervision proceedings; the means test does not apply to public law children cases

Where to check

The official LAA eligibility keycard and the gov.uk means-testing guidance set out every allowance and disregard in detail. Solicitors and legal aid providers run the full calculation — an online "Check if you qualify for legal aid" tool on gov.uk gives a quick indicative answer for individuals.

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to the Legal Aid Agency, MoJ, or gov.uk. This page is general information and is not legal advice. Limits are reviewed annually — always check the current figures.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.