Written answers

Tuesday, 20 June 2017

Department of Justice and Equality

Personal Insolvency Practitioners

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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742. To ask the Tánaiste and Minister for Justice and Equality if those that avail of the abhaile scheme vouchers are entitled to an itemised breakdown of the cost of the services they have availed of in order that this use of public money can be transparently monitored; and if he will make a statement on the matter. [27066/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Full transparency and effective use of public money, in relation to the cost of professional services provided under financial and legal advice and assistance vouchers, are ensured by the design of the Abhaile scheme.

All professional advisers participating in the panels set up under Abhaile to provide ‘voucher’ advice and assistance to insolvent borrowers have agreed to do so on the basis of providing specified packages of services without charge to the borrower, and at a reasonable fixed cost to the State.

As these services are provided at fixed cost to the State, and without any charge to the borrower, itemisation does not arise.

A personal insolvency practitioner providing financial advice and assistance under an Abhaile voucher has agreed to provide this service for a fixed fee of €500 (plus VAT if applicable). This service includes a personal consultation with the borrower, obtaining all the relevant information on their income, assets and liabilities, preparation of a detailed Prescribed Financial Statement in accordance with s. 50 of the Personal Insolvency Acts, full assessment of the borrower's individual financial situation, advising the borrower in accordance with the detailed obligations under s. 52 of the Personal Insolvency Acts on the range of options available to resolve their financial difficulties and on the best options available in their individual circumstances with priority to keeping the borrower in their home, and confirming that advice to the borrower in writing.

A consultation solicitor providing legal advice and assistance under an Abhaile voucher has agreed to provide this service for a fixed fee of €250 (plus VAT if applicable). This fee takes into account that the consultation solicitor will be provided in advance with detailed financial analysis and advice on the borrower’s individual situation, already prepared by the Abhaile financial adviser.

This fixed service includes consideration of that material, a personal consultation with the borrower, provision of independent legal advice on their legal situation, and confirmation of that advice in writing. The advice covers any legal aspects of options identified to resolve their financial difficulties, resolution of any related legal complications, and (where the borrower is facing repossession proceedings) advice on those proceedings – as set out in further detail in reply to the Deputy’s question no. 27063/17.

An additional fixed fee of €200 (plus VAT if applicable) may be claimed in certain circumstances following a legal advice voucher, where the solicitor has sought and been granted authority from the Legal Aid Board to conduct negotiations to settle legal proceedings which may be pending against the borrower.

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