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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

27 September 2011 [shall come into force on 23 Decemberl 2011].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia

Cabinet
Regulation No. 1484
Adopted 15 December 2009

Regulations Regarding the Eligibility of Persons for State Ensured Legal Aid Taking into Account Their State of Property and Income Level

[27 September 2011]

Issued pursuant to
Section 3, Paragraph three of the State Ensured Legal Aid Law

1. The Regulation prescribes the cases in which the state of property and income level shall be considered as eligible for State ensured legal aid for a person who has the right to State ensured legal aid in accordance with the international obligations entered into by the Republic of Latvia; for a person who needs State ensured legal aid in cross-border disputes and whose permanent place of residence or domicile is one of the European Union Member States, as well for a foreigner who is subject to the return procedure in the cases and in accordance with the procedures laid down the Immigration Law (hereinafter - applicant), and the procedures for evaluating such eligibility.

[27 September 2011]

2. The state of property and income level of an applicant shall be deemed eligible for State ensured legal aid if on the date of requesting State ensured legal aid the average income level of the applicant during the previous three months does not exceed 50 % of the minimum monthly wage as set forth in the Republic of Latvia and:

2.1. the applicant does not own any movable or immovable property that could be used for gaining of income;

2.2. the movable and immovable property owned by the applicant is necessary for sustaining the primary needs of the applicant and his or her family members;

2.3. alienation of the movable or immovable property owned by the applicant is not commensurate with the amount of the necessary State ensured legal aid.

3. In determining the level of income, the following shall be taken into account:

3.1. income from wage and pension (including supplement to pension), State social benefits, remunerations, scholarships, compensations, means of support and insurance indemnity;

3.2. income from economic activity, author's fees and royalties, lease (rent) and alienation of immovable property, lease and alienation of movable property;

3.3. gifts, inheritances, dividends and prizes received;

3.4. material support provided by a spouse or parent of the child living separately in the form of money.

4. The average amount of income referred to in Paragraph 2 of this Regulation may exceed 50 % of the minimum monthly wage as set forth in the Republic of Latvia for each dependent person of the applicant. Within the meaning of this Regulation a dependent person shall mean:

4.1. a child;

4.2. a person who has reached the age of majority and continues the acquisition of general, vocational, higher or special education but is not engaged in any paid job, but not longer than until reaching 24 years of age;

4.3. an unemployed spouse;

4.4. unemployed parents or grandparents;

4.5. a person on whose behalf means of support (alimony) are recovered according to a court judgment;

4.6. persons under trusteeship or guardianship.

5. The average amount of income referred to in Paragraph 2 of this Regulation may exceed the amount according to Paragraph 4 of this Regulation if the dependent person has not been granted a pension (except survivor's pension).

6. The applicant shall indicate in his or her application submitted in accordance with the State Ensured Legal Aid Law the information laid down in Paragraphs 2 and 4 of this Regulation and append to the application the respective documents or copies of documents which certify the accuracy of the referred-to information.

[27 September 2011]

7. The eligibility of the applicant for State ensured legal aid due to his or her state of property and income level shall be evaluated by the Legal Aid Administration on the basis of the application laid down in the State Ensured Legal Aid Law and the documents appended thereto.

[27 September 2011]

8. If the Legal Aid Administration has taken a decision to grant State ensured legal aid in a case and the applicant requests granting of further State ensured legal aid in the same or another case, the Legal Aid Administration shall not perform re-examination of eligibility of the applicant for State ensured legal aid in relation to his or her state of property and income level, if the time period since taking of the decision on granting legal aid does not exceed three months.

9. If the application for State ensured legal aid and the appended documents have been submitted by 31 December 2009, the Legal Aid Administration shall examine eligibility of the applicant for State ensured legal aid in relation to his or her state of property and income level and take a respective decision in accordance with Cabinet Regulation No. 558 of 4 July 2006, Regulations Regarding the Eligibility of a Person for State Ensured Legal Aid Taking into Account Their Special Situation, State of Property and Income Level.

10. This Regulation shall come into force on 1 January 2010.

Prime Minister V. Dombrovskis

Minister for Justice M. Segliņš

 


Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par personas īpašuma stāvokļa un ienākumu līmeņa atbilstību valsts nodrošinātās .. Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1484Adoption: 15.12.2009.Entry into force: 01.01.2010.End of validity: 01.01.2019.Publication: Latvijas Vēstnesis, 204, 29.12.2009.
Language:
LVEN
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23.12.2011
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