National Assistance Board and Supplementary Benefits Commission and Successors: Legal...

AST 20

1944-1990

This series contains files on the National Assistance Board's role in the administration of the Legal Aid and Advice Act 1949, which provided for legal aid (in civil cases only) to be made available to applicants unable to pay for the services of the legal profession.

L file series

Public Record(s)

English

137 file(s)

Open unless otherwise stated

1979-2013 Department of Health and Social Security

No further accruals are expected.

Files in this series were selected to illustrate the operation of the Legal Aid and Advice Act so far as the National Assistance Board was concerned.

The Legal Aid and Advice Act 1949 was passed to provide legal advice or representation for applicants unable, because of limited resources, to pay for the services of the legal profession. The Act, which made no provision for legal aid in criminal cases and came into effect on 2nd October, 1950, made the Law Society responsible for securing legal services in such cases under a scheme drawn up by the Law Society with the approval of the Lord Chancellor and the Treasury.

Applications for legal aid were made to Area Committees of the Law Society and, if the Committee was satisfied with the legal merits of the applicant's case, reference was made to the appropriate office of the National Assistance Board for a determination of the financial position of the applicant.

Section 4(6) of the Act placed upon the National Assistance Board the function of determining the resources of a legal aid applicant. The board's responsibilities were:-

(a) To determine the applicant's disposable income and disposable capital in order to ascertain whether he or she came within the financial limits of the Legal Aid Scheme.(b) To decide whether the applicant was entitled to free or assisted legal aid.(c) To assess the maximum amount that the applicant could be required to pay to the Legal Aid Fund in respect of any proceedings.(d) To issue to the Local Committee of the Law Society the determination of means in the form of a certificate.

The general principles for computing gross income and capital and the allowances and deductions to be made to ascertain the amount of disposable income and capital are set out in the Legal Aid (Assessment of Resources) Regulations 1950 (amended 1960). Because of differences in the Scottish legal system a separate Act and regulations were applied to Scotland. There was no appeal against the National Assistance Board's determinations and, with the foregoing action completed, its responsibilities within the terms of the Act were normally fulfilled. The duties of the board have been discharged since 1968 through the Supplementary Benefits Commission.

The Legal Aid and Advice Act 1949 was repealed by the Legal Aid Act 1974. Under Part I of this Act provision is made for the administration of Civil Legal Aid by the Law Society and the Supplementary Benefits Commission. It also provides for Legal Advice and Assistance which is administered by the Law Society through solicitors, in which the Supplementary Benefits commission is not involved. Part II of the 1974 Act provides for Legal Aid in Criminal Proceedings, which is administered by the Courts although under Section 33, the commission can be called upon in certain circumstances to enquire into the means of an applicant for Criminal Legal Aid.