Sean Fleming
Question:469. Deputy Sean Fleming asked the Minister for Justice if there is a cut-off point for how much legal aid a person (details supplied) can acquire; and if she will make a statement on the matter. [36009/24]
View answerWednesday, 18 September 2024
Questions (469)
Written answers
As the Deputy will be aware the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act and Regulations.
I am informed that there is no cap on the amount of legal aid an applicant may be afforded, however the matter must be within the scope of the Act and the applicant must pass the financial and merits tests in each instance of application.
Applicants for legal aid must meet the financial eligibility criteria under section 29 of the Act and the Regulations. This provides that their disposable income (less certain allowances) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000. The Regulations make detailed provision for the assessment of income and application of allowances.
The person’s case must also meet the merits and other criteria under the Act. The primary merits criteria are that:
• a reasonably prudent person, whose means were such that the cost of seeking such services at his or her own expense, while representing a financial obstacle to him or her would not be such as to impose undue hardship upon him or her, would be likely to seek such services in such circumstances at his or her own expense, and
• a solicitor or barrister acting reasonably would be likely to advise him or her to obtain such services at his or her own expense.
Other criteria which would be considered by the Board include whether the person has as a matter of law grounds for instituting or defending proceedings, whether the person is likely to be successful in the proceedings, and whether in all the circumstances of the case (including the cost to the Board as against the benefit to the applicant) it is reasonable to grant legal aid.