Policy Online
Means test
Means Test for Extended Legal Assistance (ELA)
1. Applicants receiving Centrelink or Department of Veterans’ Affairs income support payments
An applicant receiving a Centrelink or Department of Veterans’ Affairs (DVA) income support payment satisfies the Means Test.
| Eligible income support payments | |
|---|---|
| Abstudy | Partner Allowance |
| Age Pension (including DVA Age Pensions) | Service Pension |
| Austudy | Sickness Allowance |
| Carer Payment | Special Benefit |
| Disability Support Pension | Widow Allowance |
| DVA service pension and income support supplement | Wife Pension |
| JobSeeker Allowance | Youth Allowance |
| Parenting Payment | Farm Household Allowance |
2. All other applicants
The Means Test consists of two parts:
- Income Test
- Assets Test
In order to satisfy the 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) | |
|---|---|---|
| Weekly | Annual | |
| Single person household | $1,157 | $61,700 |
| Couple only household | $1,365 | $71,000 |
| Single person with children | $1,757 | $91,360 |
| Couple with children | $1,980 | $102,890 |
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.
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).
The only income not included is set out below.
| Excluded Centrelink allowances |
|---|
| Carer Allowance |
| Mobility Allowance |
| Double Orphan Pension |
| Assistance for Isolated Children Scheme 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 |
| Term deposits |
| Managed funds |
The only cash assets not counted when applying the Assets Test are assets which are the subject of the dispute for which ELA or ERA is sought.
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 not required for ELA.
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.
Date last published: 01 May 2023