Financial Resources
   
Financial resources are calculated by adding together the applicant's disposable
capital and yearly disposable income according to the Legal Aid (Assessment
of Resources and Contributions) Regulations. If the applicant is married,
the spouse's income and capital will be treated as the applicant's for
calculating the financial resources unless they have already separated
or divorced, or they have conflicting interest in the proceedings.
Other family members' income or assets will not be taken in account.
If the applicant is receiving assistance under the Comprehensive Social
Security Assistance Scheme administered by the Director of Social Welfare,
it is generally presumed that his financial resources do not exceed
$20,000 (unless there is evidence to the contrary).
If the applicant
is applying for Legal Aid on behalf of his child under 18 years old,
only the child's assets and income will be assessed.
Disposable capital consists of all the applicant's assets of a capital
nature, such as cash, bank savings, jewellery, antiques, stocks and shares,
flats and properties. But it does not include the value of the applicant's
residential flat, his household furniture, personal clothing and tools
of trade. It also does not include any assets which are the subject matters
of disputes in the proceedings for which Legal Aid is applied.
The value of any outstanding debt or liability of the applicant cannot
be taken into account in reducing the applicant's disposable capital
(unless the applicant has actually repaid it before applying for Legal
Aid).
If the applicant is married, the spouse's disposable capital will be
treated as the applicant's unless they have already separated or divorced,
or they have conflicting interest in the proceedings. Other family
members' assets will not be taken in account.
Disposable income is the net income after various allowable deductions eg. rent or mortgage repayments in respect of the applicant's residential flat, rates, tax, maintenance (alimony) payable to ex-spouse or children, statutory personal allowances for the applicant and his dependants, and expenses for the provision for the care of dependants who cannot take care of themselves while the applicant is at work.
If the applicant is married, the spouse's disposable income will be
treated as the applicant's unless they have already separated or divorced,
or that they have conflicting interest in the proceedings. Other family
members' income will not be taken in account.
If you want to have a preliminary assessment of your financial eligibility
for Legal Aid, please go to the Legal
Assistance Eligibility Calculator.
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