In order to receive a grant of Legal Aid, you will need to apply to the Legal Services Agency for a Legal Aid grant using the appropriate form, which can be found here.
Legal Aid eligibility
There are a number of factors which affect whether or not you are eligible for Legal Aid. In order to make a decision about whether to grant you Legal Aid, once a Legal Aid application has been submitted to the Legal Services Agency, they will consider:
1. How much you earn before tax;
2. The value of your assets, such as house, car and savings, as well as your debts;
3. How many financially dependent children you have; and
4. If you have a partner living with you, their finances will also be considered.
Financial thresholds
The financial thresholds as at the date of publish are:
• $28,444.00 per year for a single applicant with no dependent children.
• $45,044.00 per year for an applicant with:
– 1 dependent child; or
– a spouse or partner.
• $64,775.00 per year for an applicant with:
– 2 dependent children; or
– a spouse or partner and 1 dependent child.
• $73,608.00 per year for an applicant with:
– 3 dependent children; or
– a spouse or partner and 2 dependent children.
• $82,253.00 per year for an applicant with:
– 4 dependent children;
– a spouse or partner and 3 dependent children.
• $91,949.00 per year for an applicant with:
– 5 dependent children; or
– a spouse or partner and 4 dependent children.
• $100,141.00 per year for an applicant with:
– a spouse or partner and 5 dependent children.
• More than 5 dependent children – add $8,192.00 for each additional child.
A dependent child may not necessarily be a child who is living with you, e.g., they may be living with someone else. A spouse or partner is considered as someone living with you in a family relationship.
What else you need to know
You will need to provide proof of your income with your Legal Aid application and keep Legal Aid up to date with any changes in your circumstances if you are approved, such as if there are any changes to your work, family or financial situation. BCH Law can help you to keep Legal Aid updated.
It is important to note that you may be required to pay back any invoices that are issued by BCH Law to Legal Aid in payment of our services, including potential interim repayments whilst your matter is ongoing. However, our lawyers have heavily discounted hourly charge out rates for Legal Aid work so you will pay far less than if you were instructing us privately.
Please contact us if you would like to find out more.
By Michelle Carey | Solicitor | 07 571 7008 | michelle@bchlaw.co.nz
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter.
