Written Answers. - Legal Aid.
Joe Walsh
Ceist:
104
Mr. J. Walsh
asked the
Minister for Equality and Law Reform
if he will give details of the manner in which means tests for free legal aid are determined and all the criteria fixed or variable available to adjudicators.
[14559/96]
In order to qualify for assistance under the scheme of civil legal aid and advice an applicant must satisfy two basic eligibility tests. The first of these is a means test in order to determine financial eligibility. The other is a merits test. The various financial eligibility limits are reviewed from time to time by the Minister for Equality and Law Reform on the basis generally of increases in the consumer price index and the provision of the scheme relating to the financial eligibility criteria are amended by the Minister as necessary. Income eligibility limits were last adjusted with effect from 1 August 1995 following such a review.
An applicant is eligible for legal aid on financial grounds if his or her disposable income and disposable capital are within certain limits specified in the scheme. "Disposable income" is the income which remains when various deductions are made from gross income —"gross income" being defined as total income received from all sources. The deductions to be made from gross income, which are referred to as allowances, include, for example, income tax, mortgage repayments, rent, social insurance, VHI contributions, expenses in travelling to and from work together with various allowances in respect of the applicant's spouse and dependent children. At present the income level for eligibility for legal services is a disposable income of not more than £7,350.
For the purpose of the scheme "capital" includes, for example, money in the applicant's bank, credit union, building society or post office accounts, or the applicant's house, property or land and the aim under that heading is to find the value of the applicant's disposable capital. Disposable capital is its gross value, less, for example, the value of the family home or the cost of releasing assets, outstanding loans, etc. Since in the vast majority of cases applicants do not have significant capital resources, by and large, eligibility is determined by reference to income alone. While the income of a husband and wife are normally aggregated, they are treated separately when the parties are in conflict with each other, or where they are living separately and apart. The effect of this rule is that in a very high proportion of matrimonial cases a wife will qualify for legal services, even if her husband is financially secure.
