New panel set up to help legal aid applicants who fail means test, on a case-by-case basis

SINGAPORE — In a move to improve access to basic legal services, a new panel has been set up to help people who apply for legal aid but fail the means test, yet still face financial hardship as a result of certain specified “extenuating circumstances” such as losing their job, announced the Ministry of Law (MinLaw) on Thursday (Oct 10). 

Civil legal aid applicants will also have less paperwork to submit from Oct 16 onwards. 

NEW CRITERIA TO SHORTEN APPLICATION PROCESS

Singaporeans and permanent residents (PRs) of limited financial means may apply for a range of services provided by the Legal Aid Bureau (LAB) which includes representation in court, oral advice on civil matters and drafting of wills and deeds of separation. To qualify, applicants must:

• Demonstrate that they cannot afford a lawyer — also known as the means test

• Show that they have good reasons to bring or defend the case under the law — also known as the merits test.

Currently, applicants have to submit documents such as proof of income, savings, investments, as well as various deductibles, such as the applicant and his spouse’s CPF contributions, in order to meet the means test.

To shorten the application process for legal aid, applicants will no longer need to provide proof of certain categories of income, assets and expenditure.

The means test criteria have also been revised to align with those commonly used in social support schemes. They include:

• The average monthly per capita household income of the applicant must be S$950 or lower in the 12 months prior to the application

• Annual value of applicant’s place of residence must be S$13,000 or lower

• Applicant’s savings and non-CPF investments must be S$10,000 or lower

MinLaw said the changes to these criteria will have no material impact on the number of households eligible for legal aid.

PANEL FOR APPLICANTS WHO DO NOT MEET THE MEANS CRITERIA

A new independent panel has been set up by the ministry to help applicants who do not meet the means test criteria but are unable to afford basic legal services. 

The panel, which will review applications on a case-to-case basis, has the authority to qualify eligible applicants for legal aid if they are unable to afford legal fees “without causing significant hardship to themselves and their families”.

Currently, as long as applicants pass the merits test, legal aid may still be granted by the director of legal aid to applicants who fail the means test if they fall into one of four specific “extenuating” circumstances set out in the Legal Aid and Advice Act. The circumstances are:

• The applicant is living apart from spouse. The income of the applicant’s spouse may be disregarded in these cases

• In the event of a sudden physical or mental disability, the applicant may be granted a deduction of S$2,000 when computing his disposable income and up to S$30,000 in savings deducted when computing his disposable capital

• If there is a sudden loss of income, the applicant’s income may be assessed over a period of six months instead of 12 months

• If the applicant is in the midst of family proceedings involving children or protection orders between spouses or ex-spouses, a private property with an annual value of up to S$20,000 (instead of S$13,000) and an additional deduction of S$5,000 may be excluded when computing the applicant’s disposable capital

In response to queries from TODAY, MinLaw said the new independent panel would consist of seven members nominated by various public agencies, grassroots organisations and the judiciary, based on their experience in law, social work and grassroots activity.

The panel would be appointed for a one-year term, and the appointment is renewable. The list of panel members will be published in the Gazette, MinLaw said on Thursday.

In its earlier statement, MinLaw said the director of legal aid has no discretion to grant legal aid to other applicants who fail the means test and do not fall into one of the circumstances listed. It cited as an example an applicant who cannot afford legal services owing to the costs of major medical procedures caused by serious illness.

This is where the new independent panel will help, MinLaw said.

“The change will provide greater flexibility for LAB to render assistance to deserving applicants,” added the Ministry.