Do I have to repay any of the help I receive for legal costs?

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Updated 12 August 2008

If you have received money or property as a result of your case, you may have to repay the costs (less anything you have already paid as a contribution). This is known as the Statutory Charge. ‘Property' can mean any possessions

- money, a house, land, objects or insurance policies, for example.

You will not have to repay the costs of Family Mediation and Help with Mediation in any circumstances.

If you received help under the Legal Help or Help at Court scheme you will not have to repay the funds if the only property that has been transferred to you is your main or only home.

Repayment of help received under the Legal Help scheme may be waived (that is, the Legal Services Commission may not insist on repayment) if you are on a low income, the value of your settlement is so low that if you paid the Statutory Charge there would be hardly any benefit to you, or the property is an essential item - furniture, a cooker or a fridge,for example.

You may have to repay the costs from any settlement you may receive under all other schemes, depending on your circumstances.

The repayment can be postponed in certain circumstances, for example if the property that you got or kept is your home. You will be charged interest on the amount repayable (currently 8 per cent per year) and will be sent an annual statement of the interest due.

Your solicitor has a duty to tell you about the Statutory Charge from the start and keep you informed about the costs of the case.

Next page: Financial eligibility for legal aid

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