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Deciding on applications

The application is made by way of Submission for Waiver of Costs on EOS.

If you receive an application for a waiver of costs, seek the following information:

  • Ask the law centre to conduct a new financial assessment of the applicant (irrespective of whether the applicant was originally passported)
  • Ask the solicitor to take instructions as to what the client intends to use the money recovered for and if there is the possibility, in their opinion, that the client would be able obtain funds for the same purpose elsewhere
  • Ask the solicitor for their opinion as to whether the client would face hardship

Grant a full waiver if (one of these criteria and none of the criteria to consider refusing are true):

  • The money lodged is the proceeds of the sale of the family home
  • and amounts to less than €50,000
  • and the applicant wishes to use the money to buy a new property in which to live
  • The money lodged is from any other source and amounts to less than €4,000.
  • The applicant suffered a financial loss and the money would compensate them for that loss
  • The applicant lost the house in which they lived as a result of the proceedings
  • and they wish to use the money to buy a new property in which to live
  • Where the money lodged is of such a low amount that any recovery of costs, even after a partial waiver, would lead to the applicant having gotten no benefit from the proceedings in the first place.
  • The applicant’s personal circumstances are such that in the decision maker’s view, it would be just to grant a full waiver.

Grant a partial waiver if (one of these criteria and none of the criteria to consider refusing are true):

  • The money lodged is the proceeds of the sale of the family hom
  • and amounts to more than €50,000 but less than €76,00
  • and the applicant wishes to use the money to buy a new property in which to live
  • The money lodged is from any other source and amounts to more than €4,000 and less than €18,000

The terms of a partial waiver will be, if the money was the proceeds of the family home

  • All of the first €50,000 will be waived
  • The remainder will be waived using the following formula:

Remainder

---------------- x 100 = Percentage of costs payable

26,000

The terms of a partial waiver will be, if the money was not the proceeds of the family home

  • All of the first €4,000 will be waived
  • The remainder will be waived using the following formula:

Remainder

---------------- x 100 = Percentage of costs payable

14,000

Consider refusing the application if (any one of these criteria are true):

  • No money has been lodged to the Legal Aid Fund (Refuse under section 33(8)(b) giving full reasons as to why)
  • Only real property has been recovered or preserved
  • The money lodged is more than €76,000 (Refuse under section 33(8)(b) giving full reasons as to why)
  • The money lodged is more than €18,000 and is not the proceeds of the sale of the family home (Refuse under section 33(8)(b) giving full reasons as to why)
  • The applicant is no longer financially eligible for legal services (Refuse under section 29)
  • In the solicitor’s opinion, the client would not face hardship if the Board deducted its costs (Refuse under section 33(8)(b) giving full reasons as to why)
  • It appears that the client would be able to obtain a loan for the same purpose elsewhere (Refuse under section 28(4)(a))