Recently revealed statistics indicate that eligibility for legal aid may be more than $5,000 off the mark -- and out of date.

The Royal Gazette recently reported on the deficiencies within the legal aid system. A major complaint among local lawyers was that the eligibility requirements needed to be adjusted.

Senior Legal Aid counsel Peter Miller explained that the eligibility requirement for legal aid was based on having a net disposable income of less than $12,000.

An annual rental allowance of up to $9,600 under the scheme and a $2,000 allowance is given for each child.

Giving an example, Mr. Miller said: "A single parent with two children will qualify if her or his net income -- `take-home pay' -- after deductions, and given full rental allowance, is under $25,600.'' When asked if he thought that amount should be increased to take into account inflation, Mr. Miller replied: "I couldn't comment on that, it's really a matter for Parliament.'' But figures from the Statistics Department indicate that a disposable income of $4,000 in 1980 was equivalent to a disposable income of $8,686.88 in 1998.

And a disposable income of $8,050 -- which was the legal aid eligibility limit in 1980 -- was equal to a 1998 disposable income of $17,482.35.

The 1980 disposable income limits and capital limits were adjusted based on the general movement of prices from 1980 to 1998 averages for the first seven months.

Lawyer Kim Wilson of Marshall and Company voiced her concerns about the scheme and stated flatly: "You have to be financially destitute in order to get legal aid in Bermuda -- that's the bottom line.'' "The means test is out of whack with today's financial climate, and it's discouraging. The whole thing needs to be scrapped and revisited,'' she added.

Ms Wilson criticised the deductible allowance amounts -- stating that the annual allowance of $9,600 for rent and $2,000 per child works out to $38 per week per child and $800 per month for rent. And she noted that the same people who qualified for legal aid in 1989 would be ineligible in 1998 because the means test had not been amended.

Keren Lomas of Keren Lomas Associates has participated in the legal aid scheme, but says she participates less and less -- since 41 percent of applicants are now rejected.

"I'm sure the legal aid office realises that there practically isn't anyone who earns less than $12,000 in this day and age -- unless they're unemployed.

"And if no persons are eligible for legal aid, then Government doesn't need to budget any more money for it -- but there are more people today who need legal aid than in 1980.

"If there is a sincere objective of ensuring equality of access to justice, then the limits need to be raised immediately.'' Lawyer Philip Perinchief of Philip J. Perinchief Associates said the eligibility for legal aid should be closer to $35,000 -- taking into account the high cost of living in Bermuda and "inflation on top of inflation''.

"The present means test is woefully out of line with reality, and a lot of people are being cut off quite artificially,'' said Mr. Perinchief.

"Until Government establishes the poverty level in Bermuda, any means test is inept.'' Mr. Miller pointed out that legal aid is not the only resource available to those needing assistance.

A free legal advice service, independent of the legal aid system, is available at The Centre on Angle Street on Thursdays between 5.30 and 7 p.m.

Social Services Minister Wayne Furbert was unavailable for comment yesterday.

GOVERNMENT GVT