S.I. No. 8/2002 - Civil Legal Aid Regulations, 2002

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 37 of the Civil Legal Aid Act, 1995 (No. 32 of 1995), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), and after consultation with the Minister for Finance under section 39 of that Act, make the following regulations:

1.     These Regulations may be cited as the Civil Legal Aid Regulations, 2002.

2.     The Civil Legal Aid Regulations, 1996 ( S.I. No. 273 of 1996 ) (the “1996 Regulations”) and these Regulations may be cited together as the Civil Legal Aid Regulations, 1996 and 2002, and shall be construed as one.

3.     The 1996 Regulations are amended -

(a)    in Regulation 5(5), by the substitution of the following subparagraph for subparagraphs (b) and (c):

“(b)    an opinion signed by a member of the staff of the Board as to whether a certificate should be granted.”,

(b)    in Regulation 13, by the substitution of the following for paragraph (3):

“(3)    An applicant whose disposable income exceeds €13,000 per annum shall not be eligible to obtain legal aid or advice.”,

(c)    in Regulation 13, by the substitution of the following for paragraph (4):

“(4)    An applicant whose disposable capital exceeds €320,000 shall not be eligible to obtain legal aid or advice.”,

(d)    in Regulation 15(1), by the substitution of “paragraph (6) of Regulation 16” for “paragraph (12) of Regulation 16”,

(e)    in Regulation 15(3), by the substitution of “paragraph (1)(d) of Regulation 16” for “paragraph (I) of Regulation 16”,

(f)     in Regulation 15(10), by the insertion of “€20” in place of “£10”,

(g)    by the substitution of the following for Regulation 16:

“16. (1) Disposable income shall consist of income as assessed in accordance with these Regulations, less the following allowances:

(a)      subject to the provisions of paragraph (2), €1,900 per annum in respect of the applicant's spouse;

(b)      subject to the provisions of paragraph (3), €1,100 per annum in respect of each of the applicant's dependants;

(c)      subject to the provisions of paragraph (4), actual expenses not exceeding €4,900 per annum incurred in respect of accommodation costs;

(d)      subject to the provisions of paragraph (5), income tax payments;

(e)      social insurance contributions;

(f)       expenses incurred on child care facilities to enable an applicant to pursue employment, subject to a maximum equal to the standard deduction for dependants under paragraph (1)(b).

(2)     The allowance specified in paragraph (1)(a) shall apply also where a spouse is living apart from the applicant, if the applicant is providing maintenance for the spouse.

(3)     In paragraph (1)(b) “dependants” includes the applicant's children or step-children who are under eighteen years of age children above that age who are pursuing a full-time course of education and dependent relatives or other persons who are permanently residing with the applicant, who are supported by the applicant and who do not have available to them independent means of support.

(4)     Where spouses are living in separate households, the allowance specified in paragraph (1)(c) applies also to the normal place of residence of the spouse of the applicant, if the accommodation expenses incurred in respect of that residence are paid by the applicant.

(5)     The allowance specified in paragraph (1)(d) is the sum which, in the opinion of the Board, would be payable as income tax in the current fiscal year by a person in the circumstances of the applicant whose gross income has been calculated in accordance with these Regulations.

(6)     If the income of the applicant is aggregated with that of his or her spouse or partner under paragraph (4) of Regulation 14, any payments made by that spouse or partner from his or her income for actual expenses incurred in respect of accommodation costs shall, to the extent that they have not already been deducted from the combined income in accordance with paragraph (1)(c), be deemed to be additional allowances for the purposes of that paragraph and be deducted from the combined income, but the total amount so deducted shall not exceed €4,900 per annum.”,

(h)    by the substitution of the following for Regulation 17:

“17. (1)If the applicant's disposable income is €8,300 per annum or less, the maximum income contribution which he or she will be required to pay shall be:

(a)    if legal advice only was obtained, €6;

(b)    if legal aid was obtained, €35.

(2)     Subject to paragraph (10) of Regulation 21, if the applicant's disposable income is over €8,300 per annum and not more than €13,000 per annum, the maximum income contribution which he or she will be required to pay shall be:

(a)    if legal advice only was obtained, one-tenth of the difference between his or her disposable income and €8,300, subject to a minimum contribution of €6 and a maximum of €100;

(b)    if legal aid was obtained, €35 plus one-quarter of the difference between his or her disposable income and €8,300.

(3)     All contributions shall be rounded up to the nearest €1.”,

(i)     in Regulation 18 (4), by the substitution of “€190,500” for “£45,000”,

(j)     in Regulation 20 (1), by the substitution of “€3,200” for “£2,000”,

(k)    in Regulation 20 (3) (i), by the substitution of “€3,200” for “£2,000”,

(l)     in Regulation 20 (3) (i) (a), by the substitution of “€79,400” for “£50,000” and “€35” for “£23”,

(m)   in Regulation 20 (3) (i) (b), by the substitution of “€79,400” for “£50,000”, “€320,000” for “£200,000”, “€79,400” for “£50,000” and “€35” for “£23”,

(n)    in Regulation 20 (3) (ii) (a), by the substitution of “€3,200” for “£2,000” and “€4,000” for “£2,500”,

(o)    in Regulation 20 (3) (ii) (b), by the substitution of “€4,000” for “£2,500” and “€4,350” for “£2,750”,

(p)    in Regulation 20 (3) (ii) (c), by the substitution of “€4,350” for “£2,750” and “€380” for “£250”,

(q)    in Regulation 20 (8) (i), by the substitution of “€79,500” for “£52,000”,

(r)    in Regulation 20 (8) (ii), by the substitution of “€79,500” for “£52,000”,

(s)    in Regulation 20 (9), by the substitution of “€190,500” for “£45,000” and “€250,000” for “£60,000”,

(t)    in Regulation 21 (9), by the substitution of “€35” for “£23” and “€75” for “£46”, and

(u)    in Regulation 21 (10), by the substitution of “€35” for “£23” and “€6” for “£4”.

4.     The amounts shown in euro in these Regulations shall have effect from 1 February 2002 and financial eligibility under the Civil Legal Aid Act, 1995 shall be calculated in euro only from that date.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to the revised financial criteria under the Civil Legal Aid Regulations, 1996 and also allows a member of staff of the Legal Aid Board to give an opinion as to whether a certificate should be granted instead of a solicitor only, as heretofore.

These Regulations should be taken together with the Civil Legal Aid Regulations 1996.