What is legal aid?

Legal aid is government funding to pay for legal help for people who cannot afford a lawyer.

Do you need to pay back your legal aid?

Yes. Legal aid is a loan. Some legal aid applicants will have all of their legal fees covered by legal aid but others may be required to pay some or all of their legal aid back. It depends on how much you earn and how much property you own. You will be told the maximum amount you have to repay when you are advised whether your request for legal aid has been approved.

Interest will be normally be charged 6 months after your case has been finalised at the rate of 6% per year.

What can family legal aid cover?

Legal aid may be available for family disputes or problems that could go to court, including:

• disputes over relationship property, child support or maintenance, and care of children

• protection orders

• care and protection orders for children and young persons

• adoption

• paternity

• mental health (compulsory treatment orders).

Legal aid is not available for problems that don’t go to court (such as drawing up a will), or for divorce proceedings.

What will be considered when assessing my eligibility?

To determine whether you can afford a lawyer, Legal Aid Services will consider:

• how much you earn before tax

• the value of your assets, such as how much property you own and any vehicles, this includes trust owned property

• how many financially dependent children you have.

If you have a partner, their finances will be taken into account.

The maximum levels of income and disposable capital used for determining whether you are eligible for family or civil legal aid are in the Legal Services Regulations 2011.