Policy Bulletin 2025/9: Changes to the Means Test

1 September 2025

The Legal Aid NSW Board has approved changes to the Means Test.

Background

Legal Aid NSW undertook a Review of the Means Test (the Review) in 2021/22. As part of the Review, we developed Benchmarks which we use to calculate the income and asset variables (deductions and allowable amounts) to ensure they are current and reflect the current cost of living. The recommendations of the Review were approved by the Board in February 2023.

As part of the Review the Board approved a biennial review to assess whether the income and asset test variables continue to reflect the current cost of living.

The Biennial Review was undertaken in April 2025. The Board has approved some small changes which reflect the changes in the cost of living since 2023. The Board also approved including a new Centrelink Income Payment – The Disaster Recovery Allowance.  

As part of the Review, we have also included two types of emergency payments that will be excluded when assessing an applicant’s assets. These include:

• Emergency support payments – money received from Government after a natural disaster.
• Emergency support payments – money received from Government in circumstances of family and domestic violence. 

Start date

This change applies to applications determined and redetermined on or after 1 September 2025.

Contact

For further information contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.