Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Regulations27. Qualifying for legal aid and means test |
| (1) | In order to qualify for legal aid in either civil or criminal cases, the legal aid applicant’s gross monthly income less tax and net assets must fall within the parameters set by the means test contemplated in subregulations (2), (3), (4), (5) and (6) before legal aid may be granted. |
| (2) | An applicant who applies for legal aid for a criminal case and has a net monthly income, after deduction of income tax, of R7 400 a month, or less, may qualify for legal aid in that criminal case irrespective of whether the applicant has a spouse or is a member of a household. |
[Regulation 27(2) substituted by Notice No. R. 498, GG42338, dated 29 March 2019]
| (3) | An applicant who applies for legal aid for a civil case and who does not have a spouse or is not a member of a household and has a net monthly income, after deduction of income tax, of R7 400 a month, or less, may qualify for legal aid for that civil matter. |
[Regulation 27(3) substituted by Notice No. R. 498, GG42338, dated 29 March 2019]
| (4) | An applicant who applies for legal aid for a civil case and who has a spouse or the applicant is a member of a household and whose household has a monthly income, after deduction of income tax, of R8 000 a month or less, may qualify for legal aid for that civil matter. |
[Regulation 27(4) substituted by Notice No. R. 498, GG42338, dated 29 March 2019]
| (5) | A legal aid applicant or an applicant who is a member of a household who does not own immovable property and has net movable assets of less than R128 000 in value may qualify for legal aid for a civil or criminal matter. |
[Regulation 27(5) substituted by Notice No. R. 498, GG42338, dated 29 March 2019]
| (6) | A legal aid applicant or an applicant who is a member of a household who owns immovable property and has net immovable assets and movable assets in value of up to R640 000, may qualify for legal aid for a civil or criminal matter: Provided that the legal aid applicant or the member of a household must physically reside in the immovable property or in at least one of the immovable properties, where there is more than one, unless Legal Aid South Africa decides to the contrary. |
[Regulation 27(6) substituted by Notice No. R. 498, GG42338, dated 29 March 2019]
| (7) | The amounts contemplated in subregulations (2), (3), (4), (5) and (6) will increase annually on 1 April on the basis of the Consumer Price Index, rounded off to the next 100. |
[Regulation 27(7) inserted by section 8 of Notice No. R.680, GG44936, dated 6 August 2021]