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FAP household scenario 5: One parent with non-dependent child

Sam has applied for legal aid to respond to family law proceedings brought against him. He is 40 years old and separated from his ex-partner. He is currently not working and is not receiving a Centrelink benefit.  Sam has been living in a granny flat on his mother’s property for 6 months and does not pay rent. Sam’s mother pays all of his expenses.  In his application Sam submits that his mother is not a FAP. He states that he is not working because he had a back injury and is living with his mother while he recovers. Sam also states that he is “technically” not residing with his mother but in a granny flat on her property. Sam’s mother has $57,000 in her bank account.

Sam = non-dependent child = ‘single person’ household = รปNo FAP

Legal Aid NSW determines that Sam is a non-dependent child and is treated as a ‘single person’ household. Sam does not have a FAP and his mother’s income and assets is not included in the Means Test.