Civil Legal Aid Act, 1995

Financial eligibility and contributions towards cost of legal aid and advice.

29.—(1) Subject to sections 24 , 26 and 28 and the other provisions of this section, a person shall not qualify for legal aid or advice unless he or she—

(a) satisfies the requirements in respect of financial eligibility specified in this section, and in regulations under section 37 , and

(b) pays to the Board a contribution towards the cost of providing the legal aid or advice determined in accordance with regulations under section 37 .

(2) The Board may, in accordance with regulations under section 37 , provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section and to any other regulations under section 37 or may accept a lower contribution.

(3) An applicant's financial eligibility shall be assessed by reference to the applicant's disposable income and, where appropriate, disposable capital and the contribution payable by the applicant pursuant to subsection (1) (b) shall be assessed by reference to the applicant's disposable income and, where appropriate, disposable capital, as prescribed by the Minister by regulations under section 37 .

(4) Subject to subsection (2), an applicant whose disposable income exceeds the amount prescribed by the Minister by regulations under section 37 shall not be eligible to obtain legal aid or advice.

(5) Subject to subsection (2), an applicant whose disposable capital exceeds the amount prescribed by the Minister by regulations under section 37 shall not be eligible to obtain legal aid or advice.

(6) If, in the opinion of the Board, the behaviour of the person applying for or in receipt of legal aid or advice is such that the costs of providing the legal aid or advice concerned are likely to be increased unnecessarily, the Board may, after notifying the person of its intention so to do—

(a) in the case of a person applying for legal aid or advice, refuse to grant such legal aid or advice or increase the amount of the contribution which would otherwise be payable by the person under this section,

(b) in the case of a person in receipt of legal aid, revoke the legal aid certificate or increase the amount of the contribution payable by the person under this section, and

(c) in the case of a person in receipt of legal advice, cease to grant such legal advice or increase the amount of the contribution which would otherwise be payable by the person under this section.

(7) If, in the opinion of the Board, an applicant, with intent to reduce his or her disposable income or disposable capital, has directly or indirectly deprived himself or herself of any resources for the purpose of qualifying for legal aid or advice under this Act, the resources of which he or she has so deprived himself or herself will be treated as part of his or her resources.

(8) In this section—

“capital”, in relation to an applicant, means the value of every resource of a capital nature and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c);

“disposable capital”, in relation to an applicant, means the amount of his or her capital after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c);

“disposable income”, in relation to an applicant, means his or her income after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c); and

“income”, in relation to an applicant, means the income which he or she may reasonably expect to receive from all sources during the year succeeding the date of application but shall, in the absence of what the Board considers to be a satisfactory means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of application and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c) or such income as is ascertained by the Board to be the income in accordance with regulations under section 37 (2) (c).