Singapore legislation

Schedule 2

of Legal Aid and Advice Bill

Schedule 2

Requirements relating to means of an applicant for legal aid

SECOND SCHEDULESection 8(2)Requirements relating to means of an applicant for legal aid

1. For the purposes of section 8(2) of the Act —

(a)

the amount of disposable capital is $7,000; and

(b)

the amount of disposable income is $7,000 per annum.

2. For the purposes of section 9(1) of the Act —

(a)

the amount of disposable capital is $2,000; and

(b)

the amount of disposable income is $2,000 per annum.

3. The contribution payable to the Director by any person under section 9(1) of the Act in respect of any proceedings may include —

(a)

a contribution in respect of property not greater than the amount (if any) by which his disposable capital exceeds $2,000; and

(b)

a contribution in respect of income not greater than half the amount (if any) by which his disposable income exceeds $2,000 per annum.

4. For the purposes of the Act —“disposable capital” means the property which an applicant for legal aid is possessed of or to which he is entitled to excluding —

(a)

the subject-matter of the proceedings;

(b)

the wearing apparel of the applicant;

(c)

the tools of trade of the applicant;

(d)

household furniture used by the applicant in his house;

(e)

a dwelling-house owned and exclusively used by the applicant and his family as their home assessed at an annual value of not more than $7,710 or a Housing and Development Board flat owned and exclusively used by the applicant and his family as their home;

(f)

savings of the applicant of up to $30,000, if he is of the age of 60 years and above; and

(g)

moneys standing to the credit of the applicant’s account in the Central Provident Fund;“disposable income” means the income of the applicant together with the income (if any) of the spouse of the applicant, during the period of 12 months immediately preceding the date of the application, after deducting therefrom —

(a)

an amount equal to $1,000 per annum for each person totally or partially dependent on the applicant or spouse;

(b)

an amount equal to $2,000 per annum for the applicant;

(c)

an amount not exceeding $1,000 per annum for rent; and

(d)

an amount equal to the applicant’s contribution to the Central Provident Fund.

5. For the purposes of paragraphs 1 and 2, the Director may, in any case where an applicant for legal aid is living separate and apart from his spouse and where it appears to the Director in his absolute discretion to be reasonable to do so to relieve hardship, disregard the income of the spouse.