Singapore legislation
Regulation 8
Regulation 8
Cancellation of Grant of Aid
Subregulation 1
The Director may cancel a Grant of Aid —
at any time at the request of the person to whom it is issued;
where an aided person has been required to make —
a contribution under section 22A(1) of the Act;
a deposit in respect of out-of-pocket expenses under section 13(1) of the Act; or
a repayment of any amount expended or advanced by the Director to meet out-of-pocket expenses under section 13(6) of the Act,and any payment in respect thereof is more than 30 days in arrears;
if the Director is satisfied that the proceedings to which the Grant relates have been disposed of;
if the Director has reasonable grounds to suspect that the aided person has committed, is committing, or is attempting to commit, an offence under section 21 of the Act;
if, as a result of a further determination, the Director is satisfied that —
the aided person does not satisfy the means criteria set out in the First Schedule; or (ii)where the aided person is a professional deputy in relation to P (as defined in regulation 4A(2)) — P does not satisfy the means criteria set out in the First Schedule for the purposes of section 6A(2)(b) (read with section 8(1)(a)) of the Act;
if the Director is satisfied that the aided person has died;
if the Director is satisfied that the aided person has had a bankruptcy order made against the aided person, whether in Singapore or elsewhere;
where the Grant of Aid was issued to an aided person who is a professional deputy in relation to P (as defined in regulation 4A(2)) — if the Director is satisfied that the aided person no longer meets the criteria set out in section 6A(5)(a) of the Act or regulation 4A(1) to continue to be a professional deputy in relation to P; or
if the Director is satisfied that the aided person has breached any of the terms upon which a Grant of Aid was issued to him.
Subregulation 1A
Subject to paragraph (2), the Director may cancel a Grant of Aid if —
a board is satisfied that the aided person —
has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense that should not be borne by the Grant of Aid issued to the aided person; or
has required unreasonably that the proceedings be continued; or
as a result of any information coming to the knowledge of members of a board, the board considers that —
the aided person no longer has reasonable grounds for taking, defending or being a party to the proceedings; or
it is unreasonable in the particular circumstances for the aided person to continue to receive legal aid.
Subregulation 2
A Grant of Aid shall not be cancelled under paragraph (1)(d), (e), (h) or (i) or (1A) until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.
Subregulation 3
At any time during the hearing of any proceedings to which an aided person is a party, the court may, upon application by or on behalf of any other party to the proceedings or by the Director, consider whether the aided person —
has wilfully failed to comply with any regulation as to the information to be furnished by him; or
in furnishing any such information has knowingly made a false statement or false representation.
Subregulation 4
On any application under paragraph (3), the court may make an order cancelling the Grant of Aid from such date as may be appropriate and the court’s decision shall be final except that no order shall be made under this paragraph until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.
Subregulation 5
When the Director cancels a Grant of Aid, he shall as soon as practicable issue a notice of cancellation to the aided person.
Subregulation 6
Where the Grant of Aid so cancelled has been filed in the registry of any court, the Director shall as soon as practicable file a notification with that registry.
Subregulation 7
Where the court makes an order cancelling a Grant of Aid, the officer of the court shall as soon as practicable inform the Director.