LEGAL AID COMMISSION ACT 1979 - SECT 35
Means test
LEGAL AID COMMISSION ACT 1979 - SECT 35
Means test
35 Means test
(1) The Commission shall not, unless it is of the opinion that there are
special circumstances relating to the property or means of the applicant or
otherwise, grant an application unless the applicant, and each person who is
associated with the applicant, satisfies such means test or other test as is
determined by the Commission in respect of applicants generally or the class
or description of applicants to which the applicant belongs and is applicable
as at the date on which the application was made.
(2) A means test determined
by the Commission for the purposes of subsection (1) is to be determined
having regard to the ability of--
(a) applicants generally or applicants of
the class or description of applicants in respect of whom the means test is
determined, and
to meet the
ordinary professional cost of the legal services sought by the applicant.
(3)
For the purposes of subsection (1), special circumstances may include--
(a)
that the applicant is a party to proceedings as a member of an unincorporated
association, or
(b) that the applicant is a party to--
(i) proceedings
relating to environmental matters,
(ii) a relator suit, or
(iii) a test
case.
(4) For the purposes of any means test determined under this section, a
reference to a person who is associated with an applicant is a reference to
such of the following persons or classes of persons as are specified by the
means test as being associated with the applicant--
(b) any person who is financially
responsible for, or who provides financial support to, the applicant,
(c) if
the applicant is a corporation, any person whose financial interests will, in
the opinion of the Commission, be directly and beneficially affected if the
proceedings in respect of which legal aid is granted to the applicant are
successful,
(d) if the applicant is applying as a member of an unincorporated
association, any other member of the association whose financial interests
will, in the opinion of the Commission, be directly and beneficially affected
if the proceedings in respect of which legal aid is granted to the applicant
are successful, and
(e) if the applicant is applying for legal aid in respect
of proceedings under Chapter 3 of the Succession Act 2006 , any other person
whose interests will, in the opinion of the Commission, be beneficially
affected if legal aid is granted to the applicant.