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Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Regulations

28. Amounts included or excluded for legal aid qualification

 

(1) A grant paid by the South African Social Security Agency is not taken into account in the calculation of income for purposes of the means test.

 

(2) Spousal maintenance or child support received by a legal aid applicant is taken into account in the calculation of income for purposes of the amounts.

 

(3) If any asset is owned by a trust, company or other legal personality but is controlled, either directly or indirectly, by the legal aid applicant or his or her spouse, dependent, sibling, parent, descendant or nominee, for the direct or indirect benefit of the legal aid applicant or his or her spouse, dependent, sibling, parent, descendant or nominee, that asset will be deemed to be owned by the legal aid applicant for the purposes of determining whether the legal aid applicant qualifies for legal aid in terms of the means test: Provided that where there are beneficiaries other than the legal aid applicant or his or her spouse, dependent, sibling, parent, descendant or nominee, the applicant is deemed to be the owner of his or her percentage share of that assets.

 

(4) Where a legal aid applicant applies for legal aid for litigation or possible litigation between him or her and his or her spouse, the legal aid applicant’s means test must be assessed as if he or she does not have a spouse.

 

(5) A legal aid applicant must provide documentary proof and a written disclosure of assets for purposes of the means test, where requested.

 

(6) A legal aid applicant must provide proof that he or she is a natural person who is indigent as set out in these regulations.

 

(7) Legal Aid South Africa may conduct a forensic investigation of the financial circumstances of the applicant or recipient before legal aid is granted or after legal aid has been granted by itself or through a service provider.