Good news! Changes to the Legal Aid Means Test for survivors

As of 20 November, support payments made under the Modern Slavery Victim Care Contract (MSVCC) towards the recovery needs of survivors will no longer be counted against their financial eligibility for legal aid.

ATLEU welcomes this positive change to the Legal Aid Means Test, as well as a new general power which gives the Legal Aid Agency the discretion to disregard compensation payments received for loss and harm when assessing financial eligibility.

The Legal Aid Means Test has shut out many survivors from receiving the legal aid they need to access justice and safety. Many fail to meet the financial eligibility criteria, despite their low income, lack of capital, and inability to afford legal advice otherwise. This is because the income test does not reflect the complex, diverse and often fluctuating financial reality of many survivors. They are often in unstable forms of work where their income will fluctuate and those who work as part of their recovery are effectively penalised for doing so.

ATLEU has represented many clients who have become ineligible for legal aid as a result of compensation awards received, or due to the back payment of benefits or entitlements. The capital test is also excessively burdensome.

As a result of a review of the Legal Aid Means between 2019 and 2023, the government announced that MSVCC financial support payments would be disregarded from the income assessment. However, implementation of the review changes was twice delayed - first until 2025 and then again until 2026.

As a result of these delays, we brought a legal challenge on behalf of our client, JW, who had been pushed over the financial threshold for legal aid by a small increase to financial support recovery payments. Shortly after the case was successfully settled, the Legal Aid Agency issued a press release confirming that accelerated measures would bring the disregard of MSVCC payments into force in 2024.

While we welcome these positive changes to the legal aid mean test, ATLEU continues to call for non-means tested legal aid for survivors of trafficking and modern slavery. An end to means testing is the most effective way to ensure that they can access legally aided advice and representation when they need it.