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FAP household scenario 8: geographically separated

Scenario 1: Gina

Gina applies for legal aid for an Employment Law matter. Gina lives with her husband Murray. She earns $600 per week from her part-time job and Murray is earns $2200 per week as a boilermaker. Gina submits that because Murray constantly travels for work, and is away from home for on average six months of the year, he is not a FAP. Gina also states that Murray is unwilling to financially assist with her legal matter.

Gina = geographically separated = couple w/o children household = üFAP

Legal Aid NSW determines that Gina and Murray form a geographically separated ‘couple with no children’ household. Even though Murray does not live at the home for 6 months of the year, they are in a registered relationship, Murray is considered a FAP and his earnings and assets are included in the Means Test.

Scenario 2: Jason

Jason and Kylie are married. They have two young children who are living in the family home with Kylie. Kylie receives a maximum Centrelink benefit. Jason is currently in custody and has no current income stream. He has applied for legal aid for his District Court criminal law matter.

Jason = geographically separated = couple with dependent children = üFAP

Legal Aid NSW determines that Jason is part of a geographically separated ‘couple with dependent children’ household. Even though Jason is not living with Kylie at the time he applied for legal aid, they are in a registered relationship.  Kylie is a FAP and her income and assets are included in the Means Test.