To ask the Minister of Justice whether her Department will review legal aid eligibility rules where a nil Universal Credit award prevents automatic entitlement for victims of domestic abuse.

The system of “passporting” people on certain means tested benefits, including those in receipt of Universal Credit, is an administrative procedure based on the premise that people entitled to these benefits have already had their means assessed by the Department for Communities (DfC) who established that their income levels are such that they would more than likely meet the financial means test for legal aid – thereby avoiding duplication of effort and resources on assessment.

A nil award is made where a person’s income from employment, other income, or their capital or savings exceed relevant limits. For this reason, there is no automatic award of legal aid in these circumstances.

If they are not eligible for passporting in this way, an applicant may be eligible for legal aid through either the waiver for non-molestation order applications, or the waiver for victims of domestic abuse who are respondents to contact or residence orders relating to children.

The issue of financial eligibility for legal aid, including the rules relating to victims of domestic abuse is being considered as part of my Department’s ongoing Enabling Access to Justice Reform Programme.