Singapore legislation

Schedule 1

of Public Defenders Regulations 2022

Schedule 1

Prescribed means criteria

FIRST SCHEDULERegulations 3 and 11(2)(b)Prescribed means criteria1.For the purposes of section 12(1)(a)(i) of the Act, the prescribed means criteria in relation to an applicant are all the following:

(a)

the average per capita gross monthly household income for the household of the applicant during the relevant period must be $1,650 or lower;[S 236/2024 wef 01/04/2024](b)on the date of the application, the applicant —

(i)

is not the owner of any property; or

(ii)

is the owner of only one property (whether by himself or herself, or jointly with any other individual), for which the annual value during the relevant period is $21,000 or lower;[S 236/2024 wef 01/04/2024](c)the total amount of savings and investments of the applicant on the date of the application must be —

(i)

in a case where the applicant is 60 years of age or older on the date of the application — $40,000 or lower; and

(ii)

in any other case — $10,000 or lower.2.For the purposes of section 12(1)(a)(ii) of the Act, the prescribed means criteria in relation to an applicant who is an unmarried minor and the applicant’s guardian are all of the following:

(a)

the average per capita gross monthly household income for the combined household of the applicant and the guardian during the relevant period must be $1,650 or lower;[S 236/2024 wef 01/04/2024](b)on the date of the application —

(i)

the applicant does not own any property; and

(ii)

the guardian —

(A)

is not the owner of any property: or

(B)

is the owner of only one property (whether by himself or herself, or jointly with any other individual), for which the annual value during the relevant period is $21,000 or lower;[S 236/2024 wef 01/04/2024](c)the total amount of savings and investments of the applicant and the guardian on the date of the application must be —

(i)

in a case where the guardian is 60 years of age or older on the date of the application — $40,000 or lower; and

(ii)

in any other case — $10,000 or lower.3.In this Schedule —“annual value” has the meaning given by section 2(1) of the Property Tax Act 1960;“applicant” means an applicant for criminal defence aid;“application” means an application for criminal defence aid;“combined household”, in relation to an applicant who is an unmarried minor and the applicant’s guardian, means —

(a)

the applicant;

(b)

the guardian; and

(c)

every other individual (if any) who lives in the same place of residence as the applicant and guardian (where the applicant and guardian live in the same place of residence), or in the same place of residence as the applicant or guardian (where the applicant and guardian do not live in the same place of residence), and is related to the applicant or guardian by adoption (by virtue of a court order in Singapore or elsewhere), blood or marriage;“gross monthly household income” —

(a)

in relation to the household of an applicant who is not an unmarried minor, means the total sum of the gross monthly income payable for any month to the applicant and every other individual (if any) in that household; and

(b)

in relation to the combined household of an applicant who is an unmarried minor and the applicant’s guardian, means the total sum of the gross monthly income payable for any month to the applicant, the guardian and every other individual (if any) in that combined household;“guardian” means the guardian of an unmarried minor who made an application on behalf of the minor under section 10(1) of the Act;“household”, in relation to an applicant who is not an unmarried minor, means —

(a)

the applicant; and

(b)

every other individual (if any) who lives in the same place of residence as the applicant and is related to the applicant by adoption (by virtue of a court order in Singapore or elsewhere), blood or marriage;“investment” excludes any investment, using moneys withdrawn from an individual’s account in the Central Provident Fund, made in accordance with the Central Provident Fund (Investment Schemes) Regulations (Rg 9);“owner”, in relation to any property, includes —

(a)

a purchaser of any property sold under Part 4 or 4B of the Housing and Development Act 1959; and

(b)

a purchaser of any property sold under an executive condominium scheme within the meaning of section 2(1) of the Executive Condominium Housing Scheme Act 1996;“per capita gross monthly household income” —

(a)

in relation to the household of an applicant who is not an unmarried minor, means the gross monthly household income of the household concerned divided by the total number of individuals (including the applicant) in that household; and

(b)

in relation to the combined household of an applicant who is an unmarried minor and the applicant’s guardian, means the gross monthly household income of the combined household concerned divided by the total number of individuals (including the applicant and the guardian) in that combined household;“place of residence”, in relation to an applicant or a guardian, means the address specified on the identity card of the applicant or guardian (as the case may be) on the date of the application;“relevant period”, in relation to an application, means a continuous period of 12 months immediately preceding the date of the application.