Written answers

Tuesday, 23 May 2017

Department of Justice and Equality

Legal Costs

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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128. To ask the Tánaiste and Minister for Justice and Equality if she will consider implementing legislation, a scheme or a grant to ensure pensioners can access the legal system at a reasonable cost in view of their limited financial means to allow them to obtain power of attorney over a seriously ill partner; and if she will make a statement on the matter. [24427/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. In practice, the vast majority of applicants whose sole source of income is the contributory or non-contributory old age pension are likely to be paying the minimum contribution which is €30 for legal advice and a minimum of €130 for legal aid (the legal aid contribution includes the advice contribution already paid). Section 29 (2)(b) of the Civil Legal Aid Act 1995 (as amended by Section 80 of the Civil Law (Miscellaneous Provisions) Act 2008) also provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant. The merits of each particular application are assessed on a case by case basis.

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