XN000022-1982-12-22 — Page 15

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WEDNESDAY, DECEMBER 22, 1982

MORE PEOPLE TO BENEFIT FROM LEGAL AID

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MORE PEOPLE WILL BENEFIT FROM LEGAL AID NEXT YEAR AS A RESULT OF NEW MEANS TEST LIMITS PASSED BY THE LEGISLATIVE COUNCIL TODAY, THE LAW DRAFTSMAN, THE HON G.P. NAZARETH, SAID.

UNDER A RESOLUTION WHICH MR NAZARETH MOVED THROUGH THE COUNCIL TODAY, THE MAXIMUM MONTHLY DISPOSABLE INCOME FOR CIVIL CASES WILL BE RAISED FROM $1 000 TO $1 500 AND THE CEILING FOR DISPOSABLE CAPITAL FROM $10 000 TO $15 000, EFFECTIVE FROM JANUARY 3.

THESE TWO LIMITS WERE LAST RAISED TO THE EXISTING LEVELS IN 1977, HE SAID.

SINCE THEN THE COST OF LIVING AND WAGES AS WELL AS THE COST OF OBTAINING LEGAL REPRESENTATION HAD RISEN SUBSTANTIALLY, HE POINTED OUT.

MR NAZARETH ESTIMATED THAT UNDER THE NEW SCHEME, THERE WOULD BE AN INCREASE OF 16 PER CENT IN THE NUMBER OF SUCCESSFUL CIVIL LEGAL AID APPLICATIONS.

UNDER ANOTHER RESOLUTION PASSED TODAY, THE DISPOSABLE CAPITAL LIMIT FOR LEGAL AID ELIGIBILITY IN CRIMINAL CASES WILL AT THE SAME TIME BE INCREASED FROM $10 000 TO $15 000 WHILE THE EXISTING MAXIMUM MONTHLY DISPOSABLE INCOME OF $1 500 WILL BE THE SAME,

MR NAZARETH SAID THAT UNLIKE CIVIL LEGAL AID CASES, MOST APPLICANTS FOR AID IN CRIMINAL CASES HAD NO DIFFICULTY IN MEETING THE MEANS TEST AS IN PRACTICE THEY LACKED THE DISPOSABLE CAPITAL OR INCOME OF THE ORDER IN QUESTION.

BUT HE EXPLAINED IT IS DESIRABLE THAT THERE SHOULD BE UNIFORM FINANCIAL CRITERIA FOR ELIGIBILITY UNDER THE TWO LEGAL AID SCHEMES, WHICH THE TWO RESOLUTIONS NOW ACHIEVED.

UNDER SEPARATE AMENDMENTS, NEW SCALES OF CONTRIBUTIONS APPLICABLE TO BOTH SCHEMES WILL BE INTRODUCED FROM JANUARY 3, THEREBY ELIMINATING THEIR EXISTING DIFFERENCES.

FUTURE APPLICANTS WHO ARE FINANCIALLY ELIGIBLE FOR LEGAL AID UNDER THE EXISTING MEANS TEST LIMITS, BUT WHO WILL STILL BE REQUIRED TO PAY A CONTRIBUTION TOWARDS THEIR LEGAL COSTS, WILL PAY SMALLER AMOUNTS.

UNDER THE NEW ARRANGEMENTS, THE THRESHOLD POINTS+ ABOVE WHICH CONTRIBUTIONS BECOME PAYABLE WILL BE RAISED TO A MONTHLY DISPOSABLE INCOME OF $750 AND DISPOSABLE CAPITAL OF $5 000, COMPARED WITH THE PRESENT THRESHOLDS OF $500 AND $3 000.

THE AMENDMENTS WILL ALSO RAISE THE LEVEL OF ALLOWANCES THAT ARE MADE WHEN CALCULATING THE DISPOSABLE CAPITAL OF APPLICANTS FOR LEGAL AID.

AMONG OTHER ADJUSTMENTS, THE DEDUCTIBLE ALLOWANCE FOR THE VALUE OF SELF-OCCUPIED RESIDENTIAL PREMISES WILL BE RAISED FROM $40 000 TO $300 000 AND THE CAPITAL ALLOWANCE PER DEPENDANT FROM $1 500 TO $3 800.

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