The Means Test
Yes, the Legal Aid system, with some exceptions, always requires a means test. Medical treatment is free, but Legal Help has never had the same priority, even though it may mean the liberty of the subject or such vital issues such as the future welfare of a child or the right to a home, to privacy or a livelihood.
Legal Aid is divided into 'levels of service' and there is a different means test for each. On our website, we have created our own calculators to work out if you will qualify. Look at the section on eligibility first. The rules are subject to many exceptions, so check with your solicitor first.
Remember too that, if you are granted full legal representation, this will be on trust that you will tell the Commission about any changes in your means. You may qualify at the outset with a nil or monthly contribution but you must tell them if your means change - for better or worse. They may reassess you or discover that you no longer qualify. Failing to tell them could mean you may end up paying the whole cost - or worse, if you have not told the truth.
Most important, the means test is not a joke. Sometimes it is a loan (see the section on the Legal Aid Charge). Providing false information about means, or deliberately parting with assets so as to qualify, is fraud and can be punished with imprisonment.