Eligibility for Legal Aid

Information

In order to qualify for legal aid and/or legal advice you must pass both the means test and the merits test set out below. The law setting out the means test regulations are SI 273/1996 Civil Legal Aid Regulations 1996, and SI 8/2002 Civil Legal Aid Regulations 2002.

Merits test

The merits test provides that a person cannot receive legal aid unless, in the Board's opinion, a reasonably prudent person who could afford to engage such services would be likely to do so and where a solicitor or barrister would be likely to advise such a person to obtain such services at his or her expense.

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.

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 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.