Raising Annual Income Criteria for Legal Aid

Dr Lim Wee Kiak asked the Minister for Law (a) whether the Government will review the current annual disposable income criteria for a person to qualify for legal aid; (b) what are the reasons for applicants failing to qualify for legal aid; and (c) among applicants who qualify for legal aid, what are the broad categories of their cases.

Madam, legal aid is an important aspect of access to justice in Singapore. To qualify for legal aid in civil matters, under the Legal Aid and Advice Act, applicants will have to satisfy a means test.

The means test is satisfied where the applicant's disposable income is not more than $10,000 per year and he or she has not more than $10,000 of disposable capital. The Ministry of Law regularly reviews the means test to ensure that those who are unable to afford to hire a lawyer can still obtain legal advice or representation. In 2013, the Act was amended to allow approximately 25% of Singapore Citizens and Permanent Residents to qualify for legal aid under the means test, up from 17% previously. At the same time, the Director of Legal Aid was also given a new discretion for family proceedings which involve children or protection orders to ensure that the most vulnerable persons in a family dispute are eligible for legal aid. We will continue to monitor and review the criteria for the means test regularly.

For applicants who satisfy the means test, legal aid will be granted if the Legal Aid Board is satisfied that the applicant has reasonable grounds for taking, defending, continuing or being a party to the proceedings. The applicants who were granted legal aid were helped in a wide range of civil matters. Around half of the cases were matrimonial matters such as divorce and applications for custody of children, and a further 15% to 20% of cases involved property or estate matters or claims. A more complete list of services offered by the Legal Aid Bureau can be found on its website.

Madam, let me thank the Senior Minister of State for her reply. I would like to ask one supplementary question regarding those who are rejected based on their failing the means test. What are the avenues for appeal, and can they appeal to Legal Aid for help and whether there are any other avenues that they can go to?

Madam, if an applicant has made an application and has been rejected, one has to ask the reason why. If it is because the person has failed the means test, then it would be really quite difficult for the Legal Aid Bureau to accede because the parameters are set, and the Legal Aid Board cannot waive those parameters of their own accord.

However, if it is a means issue and you do not fall within the legal aid means test, there are other possibilities. Provided that the person cannot afford his or her own lawyer, he or she could be referred to the Pro Bono Services Office of the Law Society where, on a case-by-case basis, the Law Society may accede to a request for assistance where it is not legal aid as such, but they would try to find lawyers who may be willing to do it at an affordable rate. So, the Pro Bono Services Office is one option.

There is another option. This is located in the State Courts itself. It is called the Community Justice Centre. It is a charitable organisation but it is working on this joint project with the State Courts where lawyers contribute their time and service on a discounted basis. You can go to the first floor of the State Courts, take a left turn, the office is there. They will direct you to the place to go accordingly.

So, these are for people who fall through the gap, if you like, where they cannot easily afford their own lawyer but, at the same time, do not meet the means test for legal aid.

If the reason for rejection happens to be that they do not meet the merits test, then that would be really quite difficult because, obviously, they do not have a good case. It would not be useful to pursue the claim when there is no merit.