Civil Legal Advice and Legal Aid

Rules

Legal advice

Civil legal advice is any oral or written advice given to you by a solicitor or a barrister about how the law applies in civil matters. It can also include writing letters on your behalf or acting for you in negotiations with other people. Legal advice is provided by the Board's solicitors in their law centre network.

Legal advice may be given in relation to any legal matter with the exception of the following:

• A criminal law matter, unless the person seeking advice is a complainant in a sexual assault or rape case
• A matter that in the opinion of the Board could be dealt with by obtaining appropriate advice other than state-assisted legal advice.

The Board may decide to stop providing advice where it considers it is no longer reasonable to do so or that the person receiving the advice is no longer eligible because of his/her means to receive it.

In order to qualify for legal advice you must pass a means test. If your application is successful you will be asked to make a financial contribution. How much you pay will depend on your means.

If you are a complainant in a sexual assualt or rape case, you do not have to pass a means test or pay a contribution.

If the Board refuses to grant you legal advice, you may appeal the decision.

Legal Aid

Legal aid means representation by a solicitor or barrister in civil proceedings in the District, Circuit, High and Supreme Courts. This means that you have engaged the Board to act on your behalf in the proceedings, including sending correspondence on your behalf, drafting court documents, giving advice, representation in court and all the background preparatory work required.

Generally, legal aid is provided by solicitors employed by the Board in its law centres. In certain family law matters, legal aid may be provided by a solicitor in private practice from a panel of solicitors which has been established by the Board.

Legal aid is available in relation to most civil matters. However, certain cases are excluded from the scope of civil legal aid.

In order to qualify for legal aid you must pass both a means test and a merit test. If you qualify for legal aid, you will have to make some contributions to the overall costs of the proceedings. The Rates section below sets out the minimum and maximum contributions that may be made.

If the Board refuses to grant you legal aid, you may appeal the decision.

Merit test

This is an initial test to ensure that your case is a legitimate one and that a reasonable person would take the case and would be advised to take the case. You will pass the merit test, if in the Board's opinion:

1. You have as a matter of law reasonable grounds for instituting, defending or being a party to the proceedings for which legal aid is sought
2. You are reasonably likely to be successful in the proceedings
3. The proceedings for which legal aid is sought are the most satisfactory means of achieving the result sought by you
4. Having regard to all the circumstances (including the probable cost to the Board, measured against the likely benefit to you), it is reasonable to grant the application
5. Your case does not fall within the excluded areas

If the proceedings concern the welfare of a child including custody or access, factors 2 and 4 do not apply.

Means test

In order to qualify for either legal advice or legal aid, you must complete a means test form, which is available at all Legal Aid offices. The law setting out the means test regulations are SI 273/1996 Civil Legal Aid Regulations 1996, SI 8/2002 Civil Legal Aid Regulations 2002 and SI 460/2006 Civil Legal Aid Regulations 2006.

The Legal Aid Board means test is different to the social welfare or Health Service Executive (HSE) means tests.

The time period of relevance is the year following your application. The Board will seek to estimate what your disposable income for that year will be. It may be necessary to consider your income for the last year in order to do so.

As well as having disposable income of less than €18,000, you must also have disposable capital of less than €320,000. Your family home is not considered when assessing disposable capital.

Disposable income

Disposable income is total income less deductible expenses including income tax, mortgage repayments, rent, social insurance, health insurance contributions, interest on loans, child-minding expenses and other items.

Income

The Legal Aid Board is authorised (by your application form for legal aid) to get information from the Department of Social Protection and the Revenue Commissioners about your income or capital.

All sources or income are considered by the Legal Aid Board and taken into account including income from a job, self-employment, pensions (both occupational and social welfare) investments, rental income, etc.

The value of benefits, privileges and perks that you enjoy will be taken into account. This includes free accommodation and/or board, and the value of a non-contributory pension scheme.

In the case of a married couple, the income of both is taken into account except

• where they are on opposing sides in the proposed action or
• they are separated and living apart.

Allowances and expenditure

Once the Board has estimated your annual income, it will then seek to calculate your disposable income by deducting the following allowances and expenditure.

• Spouse/partner - there is a deduction of €3,500 if you have a spouse/partner. (The spouse/partner has to be a dependant).
• Dependants - there is a deduction of €1,600 for each dependant. A dependant may be a child under 18 or over 18 and in full-time education or a dependant relative or other person who lives with you and is supported by you.
• Child care expenses up to a maximum of €6,000 per child.
• Accommodation costs up to a maximum of €8,000 per year.
• PRSI contributions are deducted in full.
• Income tax payments are deducted in full.
• Ex gratia payments received up to €1,040 in total.

Children

All persons under 18 years and those over that age in full-time education are regarded as dependants of their parents or guardians.

In those circumstances, the parents' or guardians' income is taken into account if the young person is looking for legal services.