Clause 21

by deleting paragraphs 2 and 3;

by deleting “$7,800” in paragraph (e) of the definition of “disposable capital” in paragraph 4 and substituting “$13,000”;

by deleting the word “and” at the end of paragraph (f) of the definition of “disposable capital” in paragraph 4;

by deleting the semi-colon at the end of paragraph (g) of the definition of “disposable capital” in paragraph 4 and substituting the words “, including such moneys in the Central Provident Fund withdrawn for investments in accordance with the Central Provident Fund Act (Cap. 36) and the Central Provident Fund (Investment Schemes) Regulations (Cap. 36, Rg 9); and”;

by inserting, immediately after paragraph (g) of the definition of “disposable capital” in paragraph 4, the following paragraph:“(h)the total surrender value of one or more life policies held by the applicant up to the amount of $46,000;”;

by deleting the definition of “disposable income” in paragraph 4 and substituting the following definitions:“ “disposable income” means the income of the applicant together with the income (if any) of the applicant’s spouse during the period of 12 months immediately preceding the date of the application, after deducting therefrom —

an amount equal to $6,000 for the applicant;

an amount equal to $6,000 from the income of the applicant’s spouse, if such income is not disregarded under paragraph 5; (c)an amount equal to the total sum contributed by the applicant and his spouse during that period towards the maintenance of each person partially or totally dependent on the applicant or the spouse, subject to a cap of $6,000;

an amount not exceeding $20,000 for rent;

an amount equal to the applicant’s contributions to the Central Provident Fund during that period; and

an amount equal to the applicant’s spouse’s contributions to the Central Provident Fund during that period, if the spouse’s income is not disregarded under paragraph 5;“life policy” has the same meaning as in paragraph 5 of the First Schedule to the Insurance Act (Cap. 142) but does not include any investment-linked policy as defined in paragraph 6 of the First Schedule to that Act.”;

by deleting the words “paragraphs 1 and 2” in paragraphs 5 and 6(1) and substituting in each case the words “paragraph 1”;

by deleting sub-paragraph (b) of paragraph 7(2) and substituting the following sub-paragraph:“(b)regard “disposable income” to mean the income of an applicant together with the income (if any) of the applicant’s spouse, during the period of 6 months immediately preceding the date of the application, after deducting therefrom —

an amount equal to $3,000 for the applicant;

an amount equal to $3,000 from the income of the applicant’s spouse, if such income is not disregarded under paragraph 5;

an amount equal to the total sum contributed by the applicant and his spouse during that period towards the maintenance of each person partially or totally dependent on the applicant or the spouse, subject to a cap of $3,000;

an amount not exceeding $10,000 for rent;

an amount equal to the applicant’s contributions to the Central Provident Fund during that period; and

an amount equal to the applicant’s spouse’s contributions to the Central Provident Fund during that period, if the spouse’s income is not disregarded under paragraph 5.”; and

by inserting, immediately after paragraph 7, the following paragraph:“8.—

For the purposes of paragraph 1, and without prejudice to any exclusion or deduction provided under paragraph 4, the Director may, in any case where an applicant has applied for legal aid in respect of family proceedings, exclude the following property in determining the disposable capital which the applicant is possessed of:

a dwelling‑house owned and exclusively used by the applicant and his family as their home if the annual value of the dwelling‑house is assessed at not more than $20,000; and

an additional amount equal to $5,000.(2) In this paragraph, “family proceedings” means any of the following proceedings:

proceedings under the Guardianship of Infants Act (Cap. 122); (b)proceedings under Part VII of the Women’s Charter (Cap. 353) involving the applicant, his spouse, former spouse or a child of the applicant who is a minor;

any proceedings under Parts VIII and IX of the Women’s Charter involving maintenance for a child of the applicant who is a minor;

proceedings under Part X of the Women’s Charter involving any issue relating to the care, control, custody or maintenance of any child of the applicant who is a minor;

proceedings under sections 52 and 53 of the Administration of Muslim Law Act (Cap. 3) involving the custody, maintenance and education of any child of the applicant who is a minor or the enforcement of an order for the maintenance of such child;

an appeal against an order made by a court in any of the proceedings referred to in sub-paragraphs (a) to (e).”.