Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1128. To ask the Tánaiste and Minister for Justice and Equality the mechanism by which the allowances granted on which a person’s disposable income is calculated regarding applications for legal aid is calculated; the last time it was reviewed; if he intends to review this; and if he will make a statement on the matter. [11420/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Civil legal aid and advice is provided for qualifying individuals in civil matters through the Civil Legal Aid Scheme. The Legal Aid Board is the statutory, independent body responsible for administering the Scheme, in accordance with the provisions of the Civil Legal Aid Act 1995.

While I, as Minister, have no role in the operational matters of the Board, the Regulations made by me under section 37 of the 1995 Act determine the levels of disposable income and disposable capital that a person cannot exceed in order to qualify for legal aid. Pursuant to Regulation 15, ‘income’ refers to all income received by the applicant in the form of salary, wages, pension or other annuity. It is important to note that since 2021, the Housing Assistance Payment is no longer treated as form of income by the Board.

Disposable income is defined in Regulation 16(1) as gross income in accordance with the Regulations less various allowances in respect of dependants, mortgage, childcare, tax, and certain allowances and benefits. In particular, an allowance of €8,000 for accommodation expenses per annum is provided, and an allowance of up to €6,000 per child in respect of child care expenses. There is also a requirement that the value of the individual’s capital assets, apart from their home, does not exceed a certain amount. The disposable income threshold has been €18,000 since 2006.

In June 2022, the independent Civil Legal Aid Review Group was established to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future. The Review Group is chaired by a former Chief Justice and membership is drawn from legal practitioners, academics, Department officials, those who work with marginalised groups, and representatives from the Legal Aid Board.

The Group is considering many aspects of the scheme, in line with its terms of reference, such as the appropriateness of the current eligibility thresholds, the scope of the scheme and whether it should remain primarily a family law service.

As part of the review, a comprehensive multi-phased process of consultation was conducted to ensure that as wide a range of views as possible on these issues is captured. The Group has considered the findings from this extensive consultation and the research processes it has undertaken, in the overall context of its terms of reference, the existing legal support landscape in Ireland and how best to meet the civil legal needs of individuals now and in the future. The Group is currently finalising its report and it is expected shortly, and I look forward to considering its recommendations.