False or misleading statements, etc.
21. If at any time a person seeking or receiving legal aid or legal advice —(a)
knowingly makes any false or misleading statement or representation in the person’s application for legal aid or legal advice;
(b)
fails to make full and frank disclosure of the person’s means; or
(c)
fails to inform the Director of any changes to the person’s means or circumstances which may render the person ineligible for legal aid,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[6/2013]
Privileges attaching to certain relationships
22.—(1) The like privileges and rights as those which arise from the relationship of client and solicitor acting in the solicitor’s professional employment are to arise from the following relationships:(a)
the relationship between an applicant for legal aid and the Director and the solicitor (if any) to whom the application is referred;
(b)
the relationship between an aided person and the Director and the solicitor (if any) assigned to act for the aided person in any proceedings to which a Grant of Aid relates;
(c)
the relationship between a person seeking legal advice and the Director and the solicitor (if any) who gives the advice.[6/2013]
(2) Despite anything in subsection (1), the privileges mentioned in that subsection are not to arise in relation to any information tendered to the Director concerning the property or income of the applicant for a Grant of Aid.[6/2013]
(3) Unless this Act or any regulations made under this Act otherwise provide, the rights conferred by this Act on a person receiving legal aid or advice (as the case may be) are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court is normally exercised.[6/2013]
Contributions
22A.—(1) The Director may require a person to make one or more contributions, in a lump sum or by instalments, in respect of any matter for which an application for legal aid or legal advice has been made by that person.[50/2018]
(2) Where an application mentioned in subsection (1) is made on behalf of a minor by the minor’s guardian, a reference in subsection (1) to a person is a reference to —(a)
in any case where the minor is unmarried and the guardian is a relative (within the meaning of section 6(5)) of the minor — both the guardian and the minor; and
(b)
in any other case — the minor only.[50/2018]
(3) Unless the regulations made under this Act provide otherwise, any sum remaining unpaid on account of a person’s contribution in respect of any matter for which legal aid has been granted may be deducted from any property that is recovered or preserved for that person in the proceedings connected to the matter.[Act 32 of 2024 wef 01/04/2025]
(4) For the purposes of subsection (3), a reference to any property recovered or preserved for a person in any proceedings includes a reference to both of the following:(a)
the person’s rights under any settlement or compromise to avoid, or to end, those proceedings;
(b)
any sums recovered by the person as damages or costs under an order made in the person’s favour in those proceedings (other than any sums payable to the Director under section 14 or 16),
but excludes a reference to any compensation paid or payable to the person under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) in those proceedings.
[Act 32 of 2024 wef 01/04/2025]
(5) Subsection (3) does not prevent a court from allowing any damages or costs mentioned in subsection (4)(b) that are recovered by a person to be set off against any damages or costs awarded against that person, in any case where a solicitor’s lien for costs would not prevent the court from allowing that set off.[50/2018]
[Act 32 of 2024 wef 01/04/2025]
(6) The Director may, in the Director’s discretion, reduce any contribution, or waive or refund the whole or any part of any contribution, that a person is required to pay under subsection (1).[50/2018]
Recovery as debt due to Government
22B.—(1) The Director may take proceedings to recover the following as a debt due to the Government:(a)
any money remaining unpaid that the aided person is liable to pay to the Director under section 13(6) or 16(3);
(b)
any contribution remaining unpaid that the aided person is required to make under section 22A(1).
(2) Without affecting the Limitation Act 1959 and any other written law, the Director may take proceedings to recover any money or contribution under subsection (1) that was due before the date of commencement of section 7(k) of the Statutes (Miscellaneous Amendments) (No. 2) Act 2024 and remains unpaid on or after that date.[Act 32 of 2024 wef 01/04/2025]
Regulations
23.—(1) The Minister may make regulations for prescribing all matters that this Act requires or permits to be prescribed, or that are necessary or expedient for carrying out or giving effect to this Act.[50/2018]
(2) Without limiting subsection (1), the regulations may —(a)
regulate all matters relating to fees, charges and costs in relation to proceedings to which an aided person is a party;
(b)
remit or provide for the remission of any fees or charges in any such proceedings;
(c)
prescribe fees for applications under this Act, and provide for the remission of any such fees;
(d)
make provision as to the cases in which a person may be refused legal aid or advice by reason of the person’s conduct when seeking or receiving legal aid or advice (whether in the same or related matter or in a different matter);
(e)
make provision as to the circumstances a Grant of Aid issued to a person may be cancelled;
(f)
make provision for the recovery of sums due in respect of legal aid and for making effective the charge created by this Act on property recovered or preserved for a person receiving legal aid, including provision —(i)
for the enforcement of any order or agreement for costs made in favour of a person who has received legal aid; and
(ii)
for making a solicitor’s right to payment wholly or partly dependent on the solicitor’s performance of any duties imposed on the solicitor by regulations made for the purposes of this paragraph;
(g)
make any provision necessary to meet the special circumstances where —(i)
a person is issued a Grant of Aid on a provisional basis;
(ii)
a person begins to receive legal aid after having consulted a solicitor in the ordinary way with respect to the same matter, or ceases to receive legal aid before the matter in question is finally settled; and
(iii)
there is any relevant change of circumstances while a person is receiving legal aid;
(h)
provide for the period when a Grant of Aid issued on a provisional basis is in force, and for matters relating to the lapse or extension of such Grant of Aid; and
(i)
provide for any forms to be used under this Act.[6/2013; 16/2016; 50/2018]
(3) The regulations may apply generally to all legal matters, whether relating to proceedings in court or otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than matters or proceedings of a specified class.
(4) [Deleted by Act 32 of 2024 wef 01/04/2025]
(5) The regulations may impose a penalty not exceeding $2,000 for any breach of the regulations.
(6) The powers conferred by this section do not extend to any matter for which Rules of Court or Family Justice Rules may be made under section 19.[50/2018]
(7) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
