The scope of legal aid

The Foundation provides assistance to applicants regardless of any special status they may have, such as labor, women, aboriginal people, people suffering from mental or physical disability, elder, children and adolescents. The Foundation provides legal aid in matters including: civil, criminal and administrative matters.

Eligibility for legal aid: legal aid is granted if the following criteria are met:

1. the matter is not clearly unreasonable.
2. indigent persons – their disposable income and capital must be below the prescribed level.
3. The Foundation gives priority to the following eligible persons:
   • victims of domestic violence, sexual assault, employment injuries, employment discrimination, public hazard.
   • persons suffering from mental or physical disability, aboriginal people, children and adolescents.
4. compulsory representation cases do not require assessment of financial circumstances.
5. foreigners legally residing in Taiwan may be given legal aid.

Special situations where disposable income may be excluded:

1. Where members of the applicant’s household are suffering from serious injuries or illnesses requiring regular necessary payments, such payments are deducted from the applicant’s income.
2. Where the applicant or the applicant’s spouse, parents or children have received lump sum insurance payments, support or other similar subsidies or compensation because of death, injuries or illness, and it appears unjust to include the amount in the applicant’s household total assets, then the amount is divided on the basis of average life expectancy and included in the applicant’s monthly income.

Disposable assets refer to assets or rights of value such as real estate, cash savings, shares and motor vehicles. However, this does not include land which is the residence of the applicant’s household or private agricultural land, and the total of the declared present market value of the land and the taxable value of the building do not exceed NTD4000000.

Special situations where disposable assets may be excluded:

1. assets which are in dispute and cannot be disposed of;
2. real estate, separately or jointly owned, which manifestly cannot be disposed of;
3. public facilities or real estate which manifestly cannot be disposed of for other reasons;
4. necessary one-off payments required by family members who are suffering from serious injury or illness (such as costs of medical operations);
5. loans supporting the minimum basic living expenses.

Where the income or assets of an applicant cannot be excluded, but the Examining Commissioner considers it unjust not to make the deduction or to include the income or asset, then legal aid can still be granted with the consensus of the Examining Committee and the approval of the Director of the Branch Office.

The Foundation does not assist the following types of matters except with the approval of the Director of the relevant Branch Office:

Criminal matters:

1. litigation representation
2. self-representing litigants
3. representation at police stations during the first interviews in non-compulsory representation cases
4. representation in re-trials and special appeals

Civil matters:

1. arbitration
2. election litigation
3. bankruptcy matters
4. small claims
5. matters for re-trial

Cases where the applicant has already received 3 grants of legal aid in the same year.

The Foundation does not grant legal aid to corporations and organizations.

Disposable assets($)

Household total below NT$500,000

Disposable assets($)

Household total belowNT$500,000

Disposable assets($)

Household total below NT$600,000