Willie Penrose (Longford-Westmeath, Labour)
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144. To ask the Minister for Justice and Equality the income eligibility criteria which is applicable to a person that wishes to apply for legal aid pursuant to the civil legal aid scheme; and if she will make a statement on the matter. [40190/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Legal Aid Board provides civil legal aid and advice under the Civil Legal Aid Act 1995. Section 29 of the 1995 Act provides that a person shall not qualify for legal aid or advice unless he or she satisfies the requirements in respect of financial eligibility specified in the Act and in regulations made under the Act.

The eligibility criteria are applicable to the vast majority of applicants that apply for civil legal aid under the Civil Legal Aid Act 1995. There are a handful of matters for which there are no financial eligibility criteria and these include:

- Legal advice to a complainant in a prosecution for rape and certain other sexual offences

- Legal advice to an alleged victim of human trafficking

- Legal aid where the State is obliged to provide legal aid under an international instrument

- Legal aid for an Applicant in child abduction and foreign maintenance proceedings who is referred by the respective Central Authority

- Legal aid to a complainant in a prosecution for rape and certain other sexual offences for the purposes of an application under section 4A of the Criminal Law (Rape) Act 1981

- Legal services provided as part of Abhaile, the Government’s Mortgage Arrears Resolution Service, to a person who satisfies the criteria for admission to that scheme.

- Conveyancing (for which legal services are only provided where legal aid has already been provided to the person in relation to a connected matter)

For all other matters the financial eligibility criteria is provided for under the Civil Legal Aid Regulations 1996 to 2016 and in particular Regulations 13 to 21 of same. These provide that a person whose disposable income exceeds €18,000 shall not be financially eligible for legal services. A person’s disposable income is calculated by reference to their gross income less certain deductions prescribed in the Regulations. In calculating a person’s gross income certain social welfare payments, namely Child Benefit, Carer’s Benefit, Carer’s Allowance, Domiciliary Care Allowance, Foster Care Allowance and Guardians Payment will not be taken into account. A disregard of €20 per week will be applied to income received from a child of the applicant residing with the applicant.

The deductions which will be made from gross income in order to calculate disposable income are:

- A deduction of €3,500 in respect of the applicant’s spouse or partner; or alternatively a deduction of up to €3,500 of maintenance payments made for the benefit of the Applicant’s (former) spouse, in respect of an applicant who is separated or divorced;

- A deduction of €1,600 for each of the applicant’s dependent children; or alternatively a deduction of up to €1,600 per child in respect of maintenance payments made for the benefit of children of the applicant who do not live with the applicant;

- Deductions equivalent to the amount of all of the applicant’s Income Tax, PRSI, and USC payments for the next twelve months;

- A deduction of up to €8,000 equivalent to the applicant’s annual payments towards their mortgage or rent;

- A deduction of up to €6,000 per child for the applicant’s childcare expenses, where the applicant is working;

- A deduction equivalent to all of the applicant’s Public Service Pension Related Deduction payments for the next twelve months, in respect of an applicant employed in the Civil or Public Service or who is otherwise required under the provisions of the Financial Emergency Measures in the Public Interest Act 2009 to pay PRD.

In certain circumstances the Board will aggregate the applicant’s spouse/partner’s income with that of the applicant. It should be noted that such circumstances are rare and in practice are applied only where the Board deems the spouses to have a common interest in the outcome of the proceedings. In this regard it should be noted that over 80% of the cases taken on by the Board are in the area of family law.

The Board has a policy role in relation to the provision of civil legal aid and periodically it brings proposals to my Department in relation to the financial eligibility and other criteria in relation to civil legal aid. I understand that the Legal Aid Board are to consider making proposals in relation to revising the financial eligibility criteria for civil legal aid early in 2017.