FAQs - 2013, 2016, and 2017 Regulations
Applicants for legal aid in connection with domestic violence proceedings in the District Court, which are then appealed to the Circuit Court, do not need to pay a contribution in connection with the Circuit Court Appeal.
However, if proceedings are started in the Circuit Court, then a contribution is payable.
The 2017 Regulations provided that applicants seeking legal services in connection with proceedings in the District Court under the Domestic Violence Act 1996 do not need to pay either an advice or an aid contribution.
The 2016 Regulations provided that applicants seeking legal services in connection with the Government’s Free Mortgage Arrears Support service, Abhaile, do not need to be financially assessed nor do they need to pay a contribution.
The 2013 Regulations also provided for the granting of allowances for USC and pension levy, and for the exclusion of certain social welfare payments from income. The Board had already introduced these changes on an administrative basis and so there were no operational changes in this regard.
When running the “change in circumstances” procedure, it is important to check the date the applicant originally applied. Where the application was made on or after 16th September 2013, the new Regulations should be applied and the re-assessment done using EOS.
Where the application was made on or before 13th September 2013, the re-assessment should be carried out manually according to the 2006 Regulations and Legal Services informed.
If an application was made between 1st February 2002 and 1st September 2006 the 2002 Regulations apply. There are not many live cases from before 2006 left. Seek the advice of Legal Services in the unlikely event you need to do a re-assessment under the 2002 or the 1996 Regulations.
The new rules took effect for cases where the application was made or fully completed on or after Monday 16th September 2013.
The income eligibility threshold stayed the same (€18,000) but the capital eligibility threshold was reduced to €100,000 (from €320,000). The applicant’s family home remains excluded from the capital assessment.
Applicants in connection with an international protection application, or advice relating to a deportation order, pay a total contribution of €10 for legal services. There is no longer a separate advice and aid contribution in these cases.
No. Persons applying for legal services to defend proceedings brought by the Child and Family Agency (Tusla) for a care order or supervision order don’t have to pay either an advice contribution or an aid contribution any more.
All aid contributions above the minimum were increased by €80 over what they would have been under the 2006 Regulations. The formula for calculating the aid contribution is:
- Take the applicant’s disposable income and deduct €11,500
- Divide this figure by four
- Add €130.
Yes, so if a person is assessed at the minimum, and they pay €30 for advice, they only have to pay another €100 upon acceptance of the legal aid certificate.
The minimum contributions towards legal services are €30 for advice and €130 for aid.