94 Mr. N. Ahern asked the Minister for Equality and Law Reform the income limit or formula for calculating the limit for free legal aid in separation cases. [10578/97]

In order to qualify for assistance under the Civil Legal Aid Act, 1995, an applicant must, inter alia, satisfy a means test to determine whether his or her disposable income and disposable capital are within the limits as set out in the Civil Legal Aid Regulations, 1996. While the income of a husband and wife would normally be aggregated for civil legal aid purposes, the regulations provide that they are treated separately where the parties are in conflict with each other, or where they are living separately or apart. The effect of this rule is that in a very high proportion of matrimonial cases a wife will qualify for legal services, even if her husband is financially secure.

Disposable income is the income which remains when specified deductions are made from the total income received from all sources, per annum. These deductions, which are set out in the 1996 regulations, include the following