Dáil Éireann díospóireacht -
Wednesday, 24 Mar 1999

Vol. 502 No. 4

Written Answers. - Legal Aid Service.

Jim O'Keeffe

Ceist:

156 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform if income from a community employment scheme is taken into account in the assessment of income for free legal aid; his views on whether it is appropriate that this should be the case; and if he will make a statement on the matter. [8512/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Applicants for legal services under the Civil Legal Aid Act, 1995, are required to satisfy a test of financial eligibility as provided for in the Act and in regulations made under the Act. Accordingly, except as otherwise provided for under the Act, an applicant whose disposable income exceeds the amount prescribed by the Minister by regulations, i.e. £7,350 per annum, shall not be eligible to obtain legal aid or advice.

In accordance with the provisions of Part 5 of the Civil Legal Aid Regulations, 1996, disposable income is calculated by reference to any income which the applicant may reasonably expect to receive from all sources during the year succeeding the date of application, reduced by the aggregate of the allowances which can be offset against income. These include £1,328 for a spouse and £668 for each dependant. Reductions are also made in respect of expenses incurred in travelling to work, hire purchase payments, loan interest payments, rent, board and lodgings etc. and, in certain circumstances, on child care facilities. Accordingly, it is appropriate that income derived from a community employment scheme should be included as income for the purpose of determining financial eligibility for legal services under the Civil Legal Aid Act, 1995, in accordance with part 5 of the Civil Legal Aid Regulations, 1996.