Second-line legal aid: the means test
The thresholds of the application date, the deduction per dependant, the presumed categories, the client's own contribution, the documents to attach and a file note.
What the rule says
Rules verified on 07/10/2026
Full legal aid if the net monthly means are below the threshold, partial aid between the two thresholds (Judicial Code, arts. 508/13/1 and 508/13/2). For a household, 20 % of the integration income is deducted for each dependant.
Some categories are presumed to lack sufficient means until proven otherwise; a minor always has full aid. The thresholds are indexed every 1 September.
Your result appears here
The result appears as soon as the required fields are filled in.
A single parent with one child, net means of €2,450 a month, application of 7 October 2026.
How it works
How the tool works
The tool follows the order of the checks in the Judicial Code:
- A third-party payer. If a legal expenses insurance or another third party covers the matter, legal aid is not granted to that extent (art. 508/13, para. 1).
- A minor. A minor has full aid on proof of age (art. 508/13/1, § 4). The presumption cannot be rebutted.
- A presumed category. The eleven categories of art. 508/13/1, § 2, give full aid until proven otherwise. Four of them apply only to some proceedings: the tool asks whether the matter is one of them.
- The means test. Otherwise, the tool compares the net monthly means with the thresholds in force on the date of the application: full aid below the first threshold, partial aid between the two, no aid above.
The result is indicative: the legal aid office (BAJ / BJB) decides. The applicant's name is used only for the file note and stays on this device.
The thresholds
Net monthly amounts. A single person lives alone; a household has at least one dependant or a cohabitation.
| Period | Single: full below | Single: partial up to | Household: full below | Household: partial up to |
|---|---|---|---|---|
| From 01/09/2026 | €1,670 | €1,988 | €1,988 | €2,305 |
| 01/09/2025 to 31/08/2026 | €1,612 | €1,920 | €1,920 | €2,226 |
| 01/09/2024 to 31/08/2025 | €1,582 | €1,884 | €1,884 | €2,184 |
| 01/09/2023 to 31/08/2024 | €1,526 | €1,817 | €1,817 | €2,107 |
The thresholds are indexed every 1 September on the consumer price index of July and rounded up to the euro (art. 508/13/4). The tool keeps the history from 1 September 2020. Full aid needs means strictly below the threshold; for partial aid, the tool reads the upper threshold as included, which the text does not say.
Dependants and means
The deduction. For a household, 20 % of the integration income (family rate) is deducted for each dependant: €369.58 from 1 September 2026 (€362.31 from 1 March to 31 August 2026). The amount follows the integration income and may change during the year.
Who counts. The OVB and AVOCATS.BE count as a dependant every member of the household except the applicant, with or without income: the partner counts. A couple without children earning €2,300 a month thus has full aid (2,300 − 369.58 = €1,930.42). Some online calculators leave the partner out and find partial aid. With a conflict of interests with the spouse, a divorce for example, the applicant is treated as single and the other person's income is not counted.
What counts. Net professional income, holiday pay and bonuses spread per month, replacement income (daily amount × 26), real estate income other than the sole own home, movable income, maintenance received and recurring help from a third party.
What does not count. Family allowances, the sole own home, occasional help from a third party. Maintenance actually paid and exceptional debt charges actually paid are deducted.
The client's own contribution
With partial aid, the client pays the lawyer a contribution equal to their means minus the full-aid threshold, at least €25 and at most €125 per designation (art. 508/13/2). The legal aid office sets it in the designation. The lawyer may wait until it is paid before starting, unless they waive it or grant time (art. 508/17, § 3). Example: a single parent with one child and net means of €2,450: 2,450 − 369.58 = €2,080.42, a contribution of €92.42.
Legal basis
- Judicial Code, arts. 508/13 to 508/13/4, inserted by the law of 31 July 2020 and in force since 1 September 2020; the royal decree of 18 December 2003 is repealed from that date. Consolidated text.
- Judicial Code, arts. 508/14 (urgency), 508/16 (appeal) and 508/17 (contribution).
- OVB compendium of 1 September 2026 and AVOCATS.BE, legal aid for the published amounts and the practice.
What the tool does not do
- It does not hold the thresholds before 1 September 2020.
- It does not assess capital or signs of wealth (art. 508/13/3): it only flags the risk.
- It does not cover cross-border legal aid within the European Union (art. 508/25).
- It does not replace the decision of the legal aid office.
Verification
The thresholds, the deduction and the sources were verified on 7 October 2026. The tool assists the lawyer, who remains responsible for checking the applicable rule.
Updated on 7 October 2026
Frequently asked questions
What are the legal aid thresholds from 1 September 2026?
For a single person: full aid if the net monthly means are below €1,670, partial aid up to €1,988. For a household: full aid below €1,988, partial aid up to €2,305, after the deduction of €369.58 per dependant. These amounts result from the yearly indexation of art. 508/13/4 of the Judicial Code and are those published by the OVB and AVOCATS.BE.
Does the partner count as a dependant?
Yes, according to both bar authorities. The OVB and AVOCATS.BE count as a dependant every member of the household except the applicant, whether or not they have income; that income is added to the household's. The statute does not say so. Some online calculators, such as LawBase's, do not count the partner and more often reach partial aid. With a conflict of interests with the partner, the applicant is treated as single.
How much does the client pay with partial aid?
An own contribution equal to their means, after the deduction for dependants, minus the full-aid threshold, with a minimum of €25 and a maximum of €125 per designation (art. 508/13/2). The client pays it to the lawyer, who files the proof of payment. The lawyer may wait until it is paid before starting. The contribution is always set off against the lawyer's indemnity when the file is closed.
Which categories have legal aid without a means test?
A minor, irrefutably (art. 508/13/1, § 4). And, until proven otherwise, eleven categories (§ 2): a person receiving the integration income or social aid from a CPAS, the income guarantee for the elderly, the income replacement allowance for persons with disabilities, or guaranteed family benefits; a social tenant paying half the base rent or the minimum rent; a person in detention; an accused under arts. 216quinquies to 216septies of the Code of Criminal Procedure; a person with a psychiatric condition, for the procedures of the law of 26 June 1990; a foreigner, for a residence application or appeal; an asylum seeker or applicant for displaced-person status; an over-indebted person, to file a collective debt settlement petition.
Which income is not counted?
Family allowances, the applicant's sole own home and occasional help from a third party. Maintenance actually paid and exceptional debt charges are deducted, but not rent, energy or a mortgage. Replacement income is counted as the daily amount × 26.
What can be done in an urgent case?
The legal aid office may grant the aid provisionally. The proof must follow within the deadline it sets, at most 15 days; otherwise the aid ends automatically (art. 508/14). Ask for the designation before working: since 1 January 2025, services more than one month before the request was sent are not paid.