Simplified Means Test

The Simplified Means Test applies to applications for legal aid for:

  • Summary Crime matters
  • District Court Appeals

1. Applicants receiving Centrelink 

An applicant receiving a Centrelink income support payment satisfies the Simplified Means Test. Any Financially Associated Person (FAP) will not be included in the assessment of the applicant’s means.  

 

Eligibile income support payments
AbstudyFarm Household Allowance 
Age Pension (including DVA Age Pensions)JobSeeker Allowance
Austudy

Parenting Payment

Carer Payment

Special Benefit

Disability Support Pension

Youth Allowance

Disaster Recovery Allowance 

2. All other applicants

The Simplified Means Test consists of two parts:

  • Income Test
  • Assets Test

In order to satisfy the Simplified Means Test, an applicant must satisfy both the Income Test and the Assets Test.

2.1. - Income Test

An applicant satisfies the Income Test if their gross income is less than the eligible income limit for their household type. The eligible income limits for each household type are set out in the table below.

 

Household type

Eligible Income Limit (Gross)

 WeeklyAnnual

Single person household

$1,157$60,160

Couple only household

$1,365$71,000

Single person with children

$1,933$100,490

Couple with children

$2,145$112,020

If the applicant’s household is a ‘couple only’ or ‘couple with children’ household, the Income Test is applied to the income of the couple.

Note: an applicant who has their funds managed by the Office of the Trustee and Guardian and are precluded from Centrelink Income and/or are in custody satisfies the Simplified Means Test as Legal Aid NSW will determine the weekly income is equivalent to the household type disclosed in their application.

Income includes all money received on a regular basis including:

  • salary and wages
  • business income
  • money received from investments
  • child support
  • Centrelink payments (such as Family Tax Benefit, Rent Assistance).

Excluded Income

The only income not included is set out in the table below:

Excluded Centrelink allowances
Carer Allowance
Mobility Allowance
Double Orphan Pension
Assistance for Isolated Children Scheme payments
NDIS payments

2.2 - Assets Test

An applicant satisfies the Assets Test if their cash assets are less than $10,000. Cash assets include all assets listed in the table below:

Cash Assets

Bank, building society and credit union accounts

Cash or crypto currency
Term deposits
Managed funds

Excluded cash assets

The only cash assets not counted are listed in the table below:

Excluded assets
Victims compensation payments
Reparation payment (eg. Stolen Generations Scheme, National Redress Scheme for institutional child sexual abuse)
Insurance payments directly linked to flooding and/or fire

If the applicant’s household is a ‘couple only’ or ‘couple with children’ household, the Assets Test is applied to the assets of the couple.

3. Evidence of Means

Verification of means is required for the Simplified Means Test. Verification includes:

 Verification: what is required?
3.1Applicants receiving Centrelink
Centrelink recipient’s consent to verify Centrelink income support payments or a Statement of Benefit or Centrelink Income Support Statement which confirms the applicant’s receipt of an eligible income support payment
3.2All other applicants

Income: a recent payslip, or a letter from the applicant's employer, and where self-employed the most recent tax return and balance sheets/profit and loss statements

Assets: statements for the most recent three months for all bank accounts held by the applicant.

If the applicant has a Financially Associated Person (FAP), we require the same documents from the FAP.

4. Household Types

An applicant’s ‘household’ includes all people living together with the applicant as a family.

A person lives with the applicant if that person spends at least five nights a fortnight with the applicant. A ‘couple household’ is a household which includes two adults who are married or in a de facto relationship.

5. Discretion

There is no discretion available under the Simplified Means Test. 

6. Contributions

All applicants will be required to pay a flat rate initial contribution of $75, unless there is a specific exemption.