XN000022-1992-06-26 — Page 9

.8.

MORE TO GET LEGAL AID BENEFITS

FRIDAY, JUNE 26, 1992

MORE PEOPLE ARE EXPECTED TO BECOME FINANCIALLY ELIGIBLE FOR LEGAL AID UNDER A NEW MEANS TEST WHICH WILL TAKE EFFECT ON JULY 1.

THE NECESSARY FUNDING FOR THE NEW MEANS TEST, "FINANCIAL CAPACITY" APPROACH, HAS BEEN APPROVED BY COMMITTEE TODAY (FRIDAY).

ANY PERSON APPLYING FOR LEGAL AID HAS TO ELIGIBILITY CRITERIA ON BOTH MEANS AND MERITS GROUNDS.

AT PRESENT, AN APPLICANT IS REQUIRED TO SATISFY LIMITS ON BOTH DISPOSABLE MONTHLY INCOME {$2,200) CAPITAL ($15,000).

CALLED THE THE FINANCE

SATISFY THE

THE FINANCIAL AND D'ISPOSABLE

THIS APPROACH DISADVANTAGES APPLICANTS WHOSE RESOURCES CONSIST MAINLY OF EITHER INCOME OR CAPITAL.

MOREOVER, THE FINANCIAL LIMITS WHICH WERE LAST REVISED IN 1986 LAG BEHIND INCREASES IN EARNINGS OVER THE YBARS AND NEED TO BE UPDATED.

THE NEW "FINANCIAL CAPACITY"

MEANS AND

APPROACH TOWARDS MEANS TESTING REMOVES THE DRAWBACKS OF THE EXISTING SYSTEM FOR ASSESSING BRINGS THE FINANCIAL LIMITS UP TO DATE.

UNDER THIS APPROACH, AN APPLICANT'S MEANS ARE ASSESSED ON THE BASIS OF HIS AGGREGATE "FINANCIAL RESOURCES" INCLUDING DISPOSABLE ANNUAL INCOME AND DISPOSABLE CAPITAL.

THE NEW LIMIT OF THE "FINANCIAL

RESOURCES" AT $120,000 WILL

ALSO ENABLE MORE APPLICANTS TO BECOME FINANCIALLY ELIGIBLE FOR LEGAL AID.

THE LAWS HAVE ALSO BEEN AMENDED TO GIVE THE DIRECTOR OF LEGAL AID THE DISCRETION TO GRANT LEGAL ALD IN CRIMINAL CASES TO APPLICANTS WHOSE FINANCIAL RESOURCES EXCEED THE $120,000 LIMIT.

THIS DISCRETION WILL BE EXERCISED WHERE THE APPLICANT CANNOT AFFORD THE COST OF LEGAL REPRESENTATION BUT WHERE PROVISION OF LEGAL ASSISTANCE AT PUBLIC EXPENSE IS DESIRABLE IN THE INTERESTS OF JUSTICE.

THE NECESSARY LEGISLATIVE WORK FOR IMPLEMENTING THE "FINANCIAL CAPACITY" APPROACH HAS BEEN COMPLETED.

RESOURCES HAVE BEEN PROVIDED FOR IMPLEMENTING THE APPROACH THE CURRENT FINANCIAL YEAR.

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