08 November 2012
Reminder on when to submit applications for a change in financial circumstances
If your client has been remanded, you need to consider whether this has led to a change in their income position.
This applies if, before being remanded, your client:
- failed the means test in the magistrates' court or
- failed the means test on an extradition case or
- was required to make an income contribution in the Crown Court.
CDS14 or CDS15 forms
Where the income position has altered, a 'change in financial circumstances application' is needed on a CDS 14 or CDS 15 form.
Without such an application, the LSC cannot alter its original assessment.
This means it has no choice but to continue to refuse funding or keep attempting to collect Crown Court contributions based on the original assessment.
Further details about submitting a 'change in financial circumstances' application is available in section 21 of the Criminal Legal Aid Manual (see below).
If you need assistance in making an application, you can contact the National Courts Team (see below).
LSC website: criminal legal aid eligibility - see Criminal Legal Aid Manual in documents panel, section 21 - Means Appeals and Reviews
Telephone: 0115 908 4244
Telephone: 0151 242 5203