Concerns raised about HAP recipients being denied free legal aid
Senator Lynn Boylan and a number of victim support groups have urged the government to change the policy, which is currently the subject of a court challenge. Picture: Stock Image.
People who are escaping situations of domestic violence and avail of the Housing Assistance Payment (HAP) are finding themselves above the financial threshold to receive legal aid.
The issue has been described as 'unjust' by victim support groups.
It can affect individuals when it comes to issues such as divorce proceedings, child custody battles and obtaining a restraining order.
For someone to avail of legal aid, applicants must have a disposable income below €18,000, barring certain allowances. This means that people in receipt of HAP may exceed the threshold, disqualifying them from receiving legal aid.
The has been made aware of a number of incidences where victims of domestic violence have been told they are over the threshold over the last number of weeks.
Sinn Féin Senator Lynn Boylan raised the issue in the Seanad in recent days. She claimed the practice of assessing HAP as income when applying for civil legal aid is discriminatory.
She pointed out that HAP, and Homeless HAP, are never paid directly to the tenant, but rather, directly to a landlord.
Ms Boylan went on to reference a case where a single mother, receiving the lone parent family payment of €275 per week, is classed as being over the €18,000 threshold and “as a result she is effectively denied access to the courts."
Ms Boylan said the practice is “deeply discriminatory” and is punishing the people who need it most.
Peter Burke, Minister of State, said the matter is currently subject to a judicial review and said it would, therefore, be "inappropriate" to comment further.
A spokesperson for The Victims Alliance, a victim support organisation urged changes to be made to the practice.
“This is an unjust policy and discriminates against people who are not financially able to meet the cost of their rent without state support and are unable to access the courts without the support of legal aid but are being penalized for accessing housing support in the midst of a housing crisis, at the expense of legal advice and representation in any of their civil proceedings.
“It discriminates against the financially vulnerable and denies them their constitutional right to access the courts, the respect for family life and the rights of their children.”
A spokesperson for Safe Ireland, a charity that helps victims of domestic violence, said they have advocated for a number of years that the threshold for Legal Aid should be increased.
“It is out of step with current basic living costs and does not seem to take into account the high cost of housing particularly in Ireland,” the spokesperson said.
“This issue is a complex one. We are seeking clarity ourselves on how HAP and other forms of supplement are calculated and importantly how allowances for such are then calculated. Safe Ireland campaigned for many years for the legal aid fee to be waived for survivors of domestic violence, which is now the case. However, only if a survivor comes below what we would regard as a low threshold of disposable income,” they added.
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