Legal Aid in Ireland: Civil Eligibility, Contributions and Criminal Legal Aid

Ireland runs two entirely separate legal aid systems. Civil legal aid is administered by the Legal Aid Board, is means tested, and almost always requires a contribution. Criminal legal aid is granted by a judge in the courtroom, has no published income thresholds, and is free.

Confusing the two is the commonest mistake people make. This page sets out the civil means test and contributions, the matters the Civil Legal Aid Act 1995 excludes outright, and how the criminal scheme differs.

Information last verified on 20 July 2026. This page is general legal information for the Republic of Ireland, not legal advice.

Who qualifies for civil legal aid?

Civil legal aid and advice are provided by the Legal Aid Board through its law centres. To get either you must pass a financial eligibility test, and for legal aid a merit test.

"Disposable" is the operative word: you start from gross income and deduct a set list of allowances before the €18,000 figure applies.

A dependant means a child or step child under 18, a child over 18 in full time education, or a dependent relative living with and supported by you. Where spouses or cohabitants have a joint interest in the proceedings, both incomes may be counted.

Income counted includes earnings, pensions, investment income, rent and maintenance received. Child Benefit, Carer's Allowance and Benefit, Domiciliary Care Allowance, Foster Care Allowance and HAP are not counted.

What contributions will you pay?

Passing the means test does not make the service free. The minimum advice contribution is €30, rising to a maximum of €150 depending on income. The minimum legal aid contribution is €130, inclusive of the advice contribution: someone assessed at the minimum pays the €30 first and then a further €100 for the aid.

A word of caution. The Board's Contributions page states that the minimum aid contribution is €130, while its Calculating your contribution page states €100. The two are reconcilable, because €100 is the balance payable after the €30 advice contribution. Figures can also change, so treat €130 as the minimum total legal aid contribution and confirm the current amounts with the Board before relying on them.

The scales work like this. For advice, income under €11,500 means the €30 minimum, and between €11,500 and €18,000 it is one tenth of the excess over €11,500, capped at €150. For the income element of aid, income under €11,500 means a maximum of €130, and above that €130 plus one quarter of the excess. A capital element applies only where disposable capital exceeds €4,000: 2.5 per cent of the excess up to €54,000, then €1,250 plus 5 per cent above €54,000, excluding the family home and tools of your trade. The two elements are added.

Instalments are possible, but the full amount must be paid within twelve months, and your solicitor generally cannot file papers until it is paid, except in the District Court. If your only income is a social welfare payment, the maximum is €130 for legal aid and €30 for advice. An applicant for international protection pays €10 in total, waivable in direct provision.

Who pays nothing?

A waiver can be applied for on undue hardship grounds, although it is not guaranteed. Some categories are free by rule.

No contribution for legal advice where you are a victim in a sexual assault or rape case in which a prosecution has commenced, a victim of human trafficking referred by the Garda National Immigration Bureau, or advised under Abhaile in repossession proceedings.

No contribution for legal aid where you are taking or defending a District Court barring, safety, interim barring, emergency barring or protection order as the only matter before the court; defending a Tusla care application; using the Central Authority from outside Ireland in a child abduction or foreign maintenance case; a victim needing separate representation in certain sexual offence cases; a debtor represented free of charge in personal insolvency proceedings under Abhaile; or making certain applications under the Assisted Decision-Making (Capacity) Act 2015.

What is covered, and what is excluded by statute

Most civil matters are in scope: family disputes including marriage breakdown and disputes about children, Tusla care applications, breach of contract claims, and employment disputes except where the matter is before the WRC or Labour Court.

Section 28(9)(a) of the Civil Legal Aid Act 1995 lists the designated matters for which legal aid shall not be granted:

• defamation;
• disputes concerning rights and interests in or over land;
• civil matters within the jurisdiction of the District Court (Small Claims Procedure) Rules 1993, so small claims are excluded;
• licensing;
• conveyancing;
• election petitions;
• certain applications made in a representative, fiduciary or official capacity;
• proceedings brought by arrangement with a group to establish a precedent on a point of law;
• any matter where the applicant acts on behalf of a group having the same interest, which rules out class and group actions.

The small claims exclusion is deliberate rather than harsh. The small claims procedure is built to be used without a solicitor, costs €25 and caps claims at €2,000. If your dispute is with a trader over faulty goods or a service never delivered, the answer is that route plus your rights under the Consumer Rights Act 2022, not legal aid.

The exceptions most guides leave out

Sections 28(9)(b) to (d) qualify those exclusions. A defamation counterclaim does not by itself disqualify the defendant to it from a certificate for the underlying proceedings. Despite the land exclusion, aid may be granted for residential Landlord and Tenant Acts proceedings, proceedings under the Residential Tenancies Act 2004, the Married Women's Status Act 1957, the Family Home Protection Act 1976 and the Family Law Act 1981, for spousal property title disputes, for proceedings under Part 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, and for title disputes between engaged couples or cohabitants. Read section 28 in the Law Reform Commission's revised text rather than the version as enacted: the Residential Tenancies Act 2004 reference was inserted, and a reference to the Rent Restrictions Acts 1960 and 1967 was deleted, on 20 July 2008 by section 79 of the Civil Law (Miscellaneous Provisions) Act 2008.

Aid may also be granted where the subject matter is the applicant's home and refusal would cause hardship, for example where the applicant suffers infirmity due to old age or may have been subject to duress or fraud. Licensing is back in scope where granting the disputed licence would cause hardship, and conveyancing where connected to a matter already granted aid. Under section 28(8) no certificate issues for a court other than the lowest one having jurisdiction.

The merit test, waiting, and appeals

For legal aid the Board also asks whether the case is worth running: whether a reasonable person paying their own money would take it, the likelihood of success, and the cost to the taxpayer against the benefit to you. In child welfare cases, meaning custody disputes or where the State seeks to take a child into care, likelihood of success and cost to the taxpayer are not considered at all.

You can apply online at legalaidboard.ie if you live in the Republic of Ireland, or by sending the Legal Aid Application Form to your local law centre with proof of income, recent court orders and photo ID.

Waiting times vary considerably between law centres. The Board publishes waiting time figures for individual law centres on its own website, so check the centre you would be dealing with rather than a national average. Priority goes to domestic violence, childcare and child abduction matters, and to cases where a limitation period is about to expire.

If you are refused, you can request a review or lodge an appeal within one month, and a review is not a precondition for an appeal. The appeal committee's decision is final. Note the clawback: if you gained or kept money or property because of the case, you may have to repay the cost of your legal aid, subject to a hardship waiver.

Criminal legal aid is a different scheme

Criminal legal aid rests on the Criminal Justice (Legal Aid) Act 1962 and on the constitutional right to legal representation where an accused person cannot pay. Four differences from the civil scheme matter most.

A judge grants it, not the Legal Aid Board. The Board administers other criminal schemes, including the Garda Station Legal Advice Revised Scheme and the Legal Aid Custody Issues Scheme, but criminal legal aid itself is a court decision.

It is free. There are no contributions of any kind.

There are no published financial thresholds. The judge weighs whether you can afford your own representation and how serious the charge is. On a murder charge, or an appeal to the Supreme Court, only means are considered. For less serious charges aid may still be granted in exceptional circumstances, such as serious illness, immaturity or an inability to follow the proceedings.

You apply in court, in person on the day you attend or in writing to the Court Registrar, and you may be asked to complete a statement of means. For a young person the court looks at a parent or guardian's means. Making a false statement or concealing means is an offence carrying a class C fine of €2,500 and up to 6 months in prison.

A certificate covers a solicitor's fees and, in certain circumstances, up to two counsel, plus trial and appeal costs and expert fees. It is court specific, so a fresh application is needed if the case is sent forward. You can nominate a solicitor from the Criminal Legal Aid Panel. Aid is normally refused where the charge is not serious enough or the judge finds you can afford representation.

Abhaile: help if your home is at risk

Abhaile is the national Mortgage Arrears Resolution Service, for people who are insolvent and at risk of losing their homes. Through the Legal Aid Board it provides legal advice and representation by solicitors and barristers, and carries the two contribution exemptions noted above.

Frequently asked questions

This page is general information about legal aid in the Republic of Ireland and is not legal advice. Thresholds, contributions and waiting times are set by the Legal Aid Board, and criminal legal aid decisions rest with the court. Confirm current figures with the Board or your local law centre before applying. Further Irish guides are collected on the Ireland legal guides hub.