20 years since the Civil Legal Aid means test was last updated.

1 September 2026

Today marks 20 years since the Civil Legal Aid means test was last updated. Since 1 September 2006, the disposable income limit for access to civil legal aid has been set at €18,000.

It is not clear how that figure was arrived at in 2006. It is not linked to the minimum or living wage. Means-testing for civil legal aid does not involve any meaningful assessment of the level of income which would be necessary to pay for the legal services which the applicant needs. The means test applies irrespective of the complexity of the case or a person’s capacity to represent themselves.

This results in huge unmet legal need among people who cannot afford to pay for legal assistance. FLAC’s Telephone Information & Referral Line regularly hears from callers with pressing legal problems whose income is just above the current limit and who have no access to legal aid as a result.

The means test includes ‘allowances’ of €8,000 in respect of accommodation costs and €6,000 in respect of childcare costs per child. These do not reflect the actual costs of childcare or accommodation, and there are no allowances for other expenses including the cost of disability.

Both reports to emerge from the Civil Legal Aid Review called for reform of the means test. The Civil Legal Aid Minority Report highlights that the means test should be responsive to the actual cost of potential proceedings with a lower means test in place for cases heard by higher (and more expensive) courts. Allowances should be available in respect of reasonably incurred, fully vouched costs in areas including accommodation, childcare, the cost of disability, transport to and from work, and the payment of insurance premiums for cars and houses. A system of ‘passporting’ should mean that people in receipt of means-tested social welfare payments are not subject to means-testing. The means test should be reviewed and updated on an ongoing basis having regard to a range of benchmarks including the cost of living and the living wage.

The Minister for Justice has committed to additional funding for civil legal aid in the upcoming Budget. In addition to increased funding, comprehensive reform of the scheme is also vitally necessary. With the publication of the Civil Legal Aid Review Reports, we have arrived at a once-in-a-generation opportunity to not just increase the resources of the Legal Aid Board - which is clearly necessary - but to finally establish a fit-for-purpose system of civil legal aid meet the needs of the most disadvantaged. FLAC is calling on the Minister for Justice to urgently set out an implementation plan for comprehensive reform of the civil legal aid system.