1965-HKRS30-8-56_Part04 — Page 37

Authenticated Laws 確真本香港法例 All

3. Examplc. X's monthly disposable income is assessed al four hundred and oighty dollars. His maximum Contribution in respect of disposable income will be

1 60 under paragraph 1(5) above. $90 under paragraph 1(c) above. $120 under paragraph 100 above. $180 under paragraph 1(e) above, $240 under paragraph 10) above. $180 under paragraph. 1(g) above.

Total

$870

SECOND SCHEDULE.

[reg. 3(6)]

The maximum contribution of an aided person in respect of disposable capital will be based on his disposable capital, as assessed under the regulations and on the following calculations-

(a) if the aided person's disposable capital does not exceed one thousand

dollars, his contribution will be ail;

(b) if the aided person's disposable capital exceeds one thousand dollars, but does not exceed one thousand five hundred dollars, his maximum contribution will be twenty per cent of the amount by which his disposable capital exceeds one thousand dollars:

(c) if the aided person's disposable capital exceeds one thousand five hundred dollars but does not excoed two thousand dolları, his maximum contribution will be thirty per cent of the amount by which bin disposable capital exceeds one thousand five hundred dollars plus his contribution under (ök

(d) if the aided person's disposable capital exceeds two thousand dollars but does not exceed two thousand five hundred dollars, bis maximum contribution will be forty per cent of the amount by which bis disposable capital exceeds two thousand dollars plus his contributions under (6) and (ck

(e) if the added person's disposable capital exceeds two thousand five hundred dollars, but does not exceed three thousand dollars, ta maximum contribution will be fifty per cent of the amount by which bis disposable capiml exceeds two thousand five hundred dollars plus his contributions under (5), (c) and (d).

2. The maximum possible contribution payable in respect of disposable capital by an aided person would thus be seven hundred dollars. There may. in addition, be a liability to contribute in respect of disposable income, up to a maximum of nine hundred and ninety dollars.

3. Example. X's disposable capital is assessed at two thousand seven hundred dollars. His maximum contribution in respect of capital will be-

Total

$100 under paragraph 1(b) above. $150 under paragraph 1(c) above. $200 under paragraph 1(4) above. $100 under paragraph 1(e) above.

$550

5

Explanatory Note.

(This Note is not part of the regulations, but is intended to indicate their general purport),

Those regulations prescribe the manner in which the disposable capital and disposable income of an aided person or a person seeking legal aid are

sversed,

The general principle is that the gross amounts of an applicant's capital and income are first assessed and then various deductions are made, thus giving a net figure called "disposable capital" and "disposable income".

The deductions which are made from gross capital are set mat in regula- tion 4 and include debts, up to $20,000 in respect of an interest in a dwelling house, allowances for a spouse and dependants and the value of household effects and clothing,

4. In computing disposable income, there will be deducted from the estimated gross income of the applicant during the twelve months following the application. the amount of rent and rates paid by the applicant and twenty- five dollars a month for a spouse and for each dependaat.

5. The resources of husband and wife are both taken into account if either is an applicant for legal aid. The resources of parents are maken into account if the" applicant is an infant (regulations 6 and 7),

Assessment of contributions is made by the Director, who may appoint any other public officer to act for him in this matter (regulation 8).

The maximum contributions which the Director may require an aided person to make are based on a sliding scale set out in the Schedules. If an anded person's disposable income does not exozed $200 his contribution in respect of income will be nil. If his disposable income exceeds this figure he may be required to contribute up to $990.

B. An sided person may also be required to contribute in respect of dis- posable capital if this exceeds $1,000 on a sliding scale, up to a maximum of $700. The maximum total contribution, in respect of capital and income, which may be required of an aided person is $1,690.

(Secretariat GR9/3221/498)

COUNCIL CHAMBER,

20th December, 1966.

Kefancials

Cierk of Councils.

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