Means Test A - Applicant's ability to pay and lifestyle Applicant's ability to pay legal costs In addition to assessing the applicant's eligibility under the income test and assets test guidelines, the following matters are taken into consideration when determining an applicant's eligibility for legal aid: The applicant's ability to afford the cost of legal proceedings having regard to his/her general assets. The applicant's ability to realise or secure a loan to cover the cost of legal proceedings having regard to his/her substantial fixed assets (including equity in principal home) and/or interest in business assets. Where, having regard to the above, the applicant is considered to have the ability to pay his/her own legal costs, legal aid will be refused. Applicant's lifestyle The application will be refused where available information suggests that the applicant's: lifestye activities interests are such that in the opinion of the Commission the applicant has access to sufficient means to be able to afford to pay for the services of a private practitioner without undue hardship.

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