A. THE INCOME TEST
An individual or a family of up to three persons, whose income level is up to 67% of the national average wage which is currently 8,800 NIS. For every additional person there is an addition of 6%. The test is in relation to gross income.
In personal status cases, income of the spouse/partner is not examined.
Likewise, any maintenance that the applicant is paying to his wife and for his children will not be deducted from his income for legal aid purposes. However if it is proved that maintenance is being paid, those family members for who maintenance is paid will be deemed to be additional persons for the purpose of calculating entitlement to Aid.
The income calculation is made according to "gross" income with the salary being examined over a period of the last three months. In the event of a material change in income and it is not clear what is the average income of the applicant, an even longer period may be taken into account, such as the last six months.
As income is calculated on the basis of gross income, no attachment, mortgage, debt, expense etc., will be deducted from the income calculated for the purposes of economic eligibility, but in a case in which there is an attachment on the applicant's salary, temporary legal aid will be granted in order to have the attachment removed, and nothing more.
All such income is taken into account as "income", as is defined in the Income Tax Ordinance with the exception of child allowances, grants to soldiers or to their families and special services benefits (Miscellaneous Applications (Jerusalem) 1076/02 Dina Yehuda v. Head of the Legal Aid District Office, 32(2)057). Additionally, there is taken into account as "income" the income of all members of the family residing together under the same roof, unless it is proved that there is complete separation of the income and the expenses.
B. THE PROPERTY TEST
Property of an amount that exceeds triple the amount of the national average wage (NIS 26,400) and which is realizable (savings, vehicle etc.) or in respect of which the applicant can take a loan, negates entitlement (economic) to Legal Aid.
The property test does not apply to a residential dwelling or property of the spouse/partner.
As opposed to income, there will only be taken into account as property, such property as belongs to the applicant himself and not to other members of his family.
Any realizable property will be taken into account as property, or property in respect of which it is possible to obtain a loan, and which belongs to the applicant, including real-estate, moneys, savings, provident, pension funds and so forth.
C. TABLE OF ENTITLEMENT TO LEGAL AID WITH EFFECT TO 1.1.2012
|
No. of Persons |
Children |
Entitlement to Aid |
|
1 |
|
5,896 |
|
2 |
|
5,896 |
|
3 |
1 |
5,896 |
|
4 |
2 |
6,424 |
|
5 |
3 |
6,952 |
|
6 |
4 |
7,480 |
|
7 |
5 |
8.808 |
|
8 |
6 |
8,536 |
|
9 |
7 |
9,064 |
|
10 |
8 |
9,592 |
|
11 |
9 |
10,120 |
|
12 |
10 |
10,280 |
* National Average Wage: NIS 8,496 - 7-9/2011
* National Average Wage X 3 = 26,400
* Addition for each person (commencing from the fourth person 6% of the average wage - NIS 528).
D. EXCEPTIONS FROM THE ECONOMIC ENTITLEMENT TEST:
* National Insurance cases - on this subject there is no economic entitlement test
* Family Cases - in family matters only the income of the applicant himself will be taken into account and not other members of his family who reside with him. Thus for example, an applicant married for a second time and who is being sued by his former spouse for child maintenance, for the purposes of calculating his economic entitlement to receive Legal Aid the income of his present wife will not be taken into account.
* In claims by minors only the income of the minors themselves (if any) will be taken into account and not income of the parent suing on their behalf.
* Forced hospitalization representation.
* Human Trafficking.