Mr. Philip O'Leary:

The rigid interpretation causes difficulties. I will offer the Deputy an example relating to a social welfare payment such as the family income supplement. That is taken into account. If a payment is not a social welfare payment, then it is not taken into account. I came across an example recently involving a housing assistance payment. This payment is replacing rent supplement. If an applicant is on rent supplement, the payment is taken into account in the income. However, if the applicant is on the housing assistant payment, it is not because it is not a social welfare payment. Instead, it is paid by the local authorities. Such anomalies have to be sorted for everyone to be treated equally. In an ideal world, some level of discretion should be allowed. If we could remove some of the anomalies relating to the allowance and avoid the poverty trap to ensure those on modest incomes get access, it would be an improvement. To be fair, everyone involved in the organisation – it is a large and fantastic organisation – is interested in access to justice and they understand the importance of it. When people come to the Legal Aid Board, they are usually going through a vulnerable time in their lives. Whether it is a family case or some other case, it can have life-changing effects on how things progress for them. We take every application seriously and we do our best to ensure those who are able to qualify do qualify for the scheme.