Singapore legislation
Clause 9
Clause 9
Contributions from aided persons
(1)
Where the Director is satisfied —
that an applicant for legal aid is possessed of or entitled to disposable capital of a total value of more than the amount set out in the Second Schedule; and
that the disposable income of the applicant exceeds the amount set out in the Second Schedule,the Director may require the applicant to make a contribution in one sum or by instalments in respect of sums payable on his account in respect of the proceedings in which a legal aid certificate is granted to the applicant.
(2)
If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.
(3)
Unless the regulations otherwise provide, any sums remaining unpaid on account of a person’s contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Director on his account, a sum equal to the deficiency shall be a first charge on any property which is recovered or preserved for that person in the proceedings.
(4)
The reference in subsection (3) to property recovered or preserved for any person shall include his rights under any settlement or compromise arrived at to avoid or to bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings (not being sums payable to the Director under section 14 or 16).
(5)
The charge created by subsection (4) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor’s lien for costs would not prevent it.
(6)
References in this section to the net liability of the Director on any person’s account in relation to any proceedings refer to the aggregate amount of the sums paid or payable by the Director on his account and, where the person has been represented in the proceedings by the Director, such sums as would in the opinion of the Director have been payable on that person’s account had he been represented by a solicitor assigned to him in respect of those proceedings, and not recouped by sums which are recovered by virtue of an order or agreement for costs made in his favour with respect to those proceedings.