Legal Aid and Advice Act (Amendment of Second Schedule) Notification 2007

Status:

Published in Subsidiary Legislation Supplement
on 28 Jun 2007

No. S 310

Legal Aid and Advice Act

(Chapter 160)

Legal Aid and Advice Act (Amendment of Second Schedule) Notification 2007

In exercise of the powers conferred by section 24 of the Legal Aid and Advice Act, the Minister for Law hereby makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Legal Aid and Advice Act (Amendment of Second Schedule) Notification 2007 and shall come into operation on 1st July 2007.

Amendment of Second Schedule

2. The Second Schedule to the Legal Aid and Advice Act is amended —

(a)

by deleting “$7,000” in paragraph 1(a) and substituting “$10,000”;

(b)

by deleting “$7,710” in sub-paragraph (e) of the definition of “disposable capital” in paragraph 4 and substituting “$7,800”;

(c)

by deleting “$2,000” in sub-paragraph (a) of the definition of “disposable income” in paragraph 4 and substituting “$3,500”;

(d)

by deleting “$3,000” in sub-paragraph (b) of the definition of “disposable income” in paragraph 4 and substituting “$4,500”; and

(e)

by inserting, immediately after paragraph 5, the following paragraphs:

“6.—(1) For the purposes of paragraphs 1 and 2, and without prejudice to any exclusion or deduction provided under paragraph 4, the Director may proceed in accordance with sub-paragraph (2) in any case where —

(a)	an applicant for legal aid has suffered from sudden physical or mental disability which permanently and severely restricts his capacity to earn an income; and
(b)	it appears to the Director in his absolute discretion to be reasonable to do so to relieve hardship.

(2) For the purposes of sub-paragraph (1), the Director may —

(a)

in determining the disposable capital of the applicant, exclude savings of the applicant of up to $30,000; and

(b)

in determining the disposable income of the applicant, deduct a further amount equal to —

(i)	$1,000, in the case of an applicant who has also suffered a sudden loss of income and requires legal aid to defend or take legal proceedings as a matter of urgency; or
(ii)	$2,000, in any other case.

7.—(1) Notwithstanding paragraphs 1 and 4, the Director may proceed in accordance with sub-paragraph (2) in any case where —

(a)	an applicant for legal aid has suffered a sudden loss of income and requires legal aid to defend or take legal proceedings as a matter of urgency; and
(b)	it appears to the Director in his absolute discretion to be reasonable to do so to relieve hardship.

(2) For the purposes of sub-paragraph (1), the Director may —

(a)

regard the amount of disposable income set out in paragraph 1(b) to be $5,000 during the period of 6 months immediately preceding the date of the application; and

(b)

regard “disposable income” to mean the income of an applicant together with the income (if any) of the spouse of the applicant, during the period of 6 months immediately preceding the date of the application, after deducting therefrom —

(i)	an amount equal to $1,750 for each person totally or partially dependent on the applicant or the spouse;
(ii)	an amount equal to $2,250 for the applicant;
(iii)	an amount not exceeding $500 for rent; and
(iv)	an amount equal to the applicant’s contribution to the Central Provident Fund.”.

Made this 27th day of June 2007.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/011/019 Vol. 5; AG/LEG/SL/160/2001/1 Vol. 1]

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