4.3 Commonwealth benefits allowances and pensions

Legal aid is available where a decision has been made which affects the receipt or amount of a Commonwealth pension, benefit or allowance.

Legal aid is available for representation in the Administrative Review Tribunal (ART) (first review) against a decision that affects the applicant's receipt or payment of a Commonwealth pension, benefit or allowance.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, 
• the applicant has lodged an application for review application with the ART, and
  
• Legal Aid NSW is satisfied that:
  • the Department of Social Services is participating in the review, or
  • the applicant is:
    • at special disadvantage (Civil law guideline 4.11),
    • a victim of family violence and the review is related to their experience of family violence, or
    • precluded from accessing a Centrelink payment. 

See Civil law guideline 4.1 on requirements to attend ADR.

see Civil law guideline 4.12 on grants of aid for test cases.

See Civil law guideline 4.3 on applying tests in Commonwealth matters.

Legal aid is available for representation in the Administrative Review Tribunal (second review) against a decision that affects the applicant's receipt or payment of a Commonwealth pension, benefit or allowance.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
  
• Legal Aid NSW is satisfied that:
  • the application for review raises important or complex questions of law, or
  • the applicant is:
    • at special disadvantage (Civil law guideline 4.11),
    • a victim of family violence and the review is related to their experience of family violence, or
    • precluded from accessing a Centrelink payment. 

See Civil law guideline 4.1 on requirements to attend ADR.

see Civil law guideline 4.12 on grants of aid for test cases.

See Civil law guideline 4.3 on applying tests in Commonwealth matters.

Legal aid is available for applications or referrals to the Guidance and Appeals Panel of the Administrative Review Tribunal in matters where there is an application for review against a decision that affects the applicant's receipt or payment of a Commonwealth pension, benefit or allowance.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
• it is a type of matter for which legal aid is available under Civil Law policy 4.3.2 and 4.3.3.

See Civil law guideline 4.1 on requirements to attend ADR.

see Civil law guideline 4.12 on grants of aid for test cases.

See Civil law guideline 4.3 on applying tests in Commonwealth matters.

Legal aid is available for appeals from the Administrative Review Tribunal to the Federal Court in relation to a Commonwealth pension, benefit or allowance.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
• it is a type of matter for which legal aid is available under Civil Law policy 4.3.2 – 4.3.4.

See Civil law guideline 4.1 on requirements to attend ADR.

see Civil law guideline 4.12 on grants of aid for test cases.

See Civil law guideline 4.3 on applying tests in Commonwealth matters.