Significant rise in income thresholds for civil legal aid

The Government has significantly increased the income thresholds for qualification for civil legal aid.

In addition, the value of the family home of an applicant will no longer be considered part of the calculations for eligibility.

Under regulations signed by Minister for Justice Michael McDowell, the upper disposable income limit for eligibility has been increased by just under 40 per cent from €13,000 to €18,000.

The additional amount allowed for a dependant spouse when considering eligibility for civil legal aid has been increased from €1,900 to €3,500 and allowances for vouched expenditure on accommodation and childcare have also been raised.

The new regulations have been generally welcomed by Free Legal Aid Centres (Flac), the independent organisation which campaigns for access to justice. However, it said it was disappointed at the new level of €8,000 allowed under the regulations as expenses for accommodation costs. Many people on modest incomes had to pay much higher amounts in rent and mortgages.

The Department of Justice said that the new regulations greatly simplified the mechanism for assessing the capital assets of applicants for civil legal aid.

It said that under previous regulations the value of a family home could, in some circumstances, be taken into account. From now on, the value of family homes would be excluded.

Mr McDowell said that the new regulations were evidence of his commitment to an accessible and fair civil legal aid system.

Flac said that it "broadly welcomed" the changes in the income limits and allowances, which had not been updated since 2002.

Its director-general, Noeline Blackwell, said: "The fact that the family home will no longer be part of the calculation when legal aid limits are being assessed should mean that more people who need legal aid - if they are to access justice - should get it."