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Statutory charge Legal aid

  • redwine47
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06 Apr 12 #322024 by redwine47
Topic started by redwine47
WAS needing help with regard to statutory charge in legal aid. Ancillary Relief proceedings going through.court.

I have paid approx 9000 privately up to January when I was granted legal aid with contribution of 180 pmonth for next 12 month''s . Even tho unemployed.

A friend told me that whatever settlement I receive costs to legal aid will be deducted or have to be paid from this settlement.

Is this correct?
What happens to the contributions I''ve made?
Who decides on the statutory charge?
And what happens if I get work soon?

Grateful for advice please.

PS: It states on my certificate amaximum contribution 2,158 based on income to be paid at approx £180 per month.

Special Conditions: None

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07 Apr 12 #322130 by redwine47
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Help reqd if possible thanks.

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11 Apr 12 #323088 by redwine47
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BUMP!!

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11 Apr 12 #323111 by Fiona
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You will be reassessed if circumstances change. Legal Aid is like a loan. When someone successfully claims money or property through the courts they have to repay Legal Aid back from the claim. This is called the statutory charge. There is a leaflet "Paying For Your Legal Aid" to download here;

www.legalservices.gov.uk/public/help/information_leaflets.asp

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11 Apr 12 #323124 by acfair
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@ Fiona - does this apply if the money was acquired in another case. Let me explain - my ex won £37,500 (30% of my house), I paid it to his solicitors before Christmas.

Will he get this money or will there be a statutory charge on it as he has also been seeking contact through childrens act proceedings for the last 2 years also on legal aid which is still ongoing.

Any help greatly appreciated

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12 Apr 12 #323192 by .Charles
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A few pointers here:

When contributions are made during the life of a certificate, these will reduce the statutory charge liability if this arises. There is no element of double payment.

When contributions are made but the statutory charge does not apply, the contributions are not refundable.

Where a certificate is issued and the statutory charge is deemed to apply, the charge will apply to ALL costs incurred under the certificate. As an example, if you obtain a certificate for Ancillary Relief and later have this amended to cover Children Act proceedings - the Stat Charge will apply to the work for both financial and children issues - even if the financial issue is concluded before the children issue.

It is possible to defer the Statutory Charge against a property which incurs simple interest at the rate of 8% per annum. Not all types of proceedings allow the Charge to be deferred (TLATA for instance).

The Legal Services Commission has a lot of latitude when applying the Statutory Charge. It can refuse to defer or in cases where a property is preserved, it can agree to defer even though this is not technically possible.

Where cash is available, the Statutory Charge applies as a first charge against the cash therefore this will always be used to pay off the Charge in part or in full unless the cash is earmarked to provide a home for the assisted person as defined in an order of the court.

Charles

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12 Apr 12 #323205 by acfair
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@ Charles - Will they put a statutory charge on the £37,500 to pay off his legal aid for the Childrens Act proceedings or will hge be given the money?

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