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4. Means Test

4.4 Financially associated person

4.4.1 Household types


A Financially Associated Person (FAP) is a person who could reasonably be expected to contribute to the applicant’s legal costs, and therefore is included in the assessment of the applicant’s means in accordance with the Legal Aid NSW Means Test. See also: Means Test Policy 7.3.

The FAP Test is based on household types as described by the Australian Bureau of Statistics. To determine whether an applicant for legal aid has a Financially Associated Person, start by identifying what household type the applicant belongs to. There are presumed relationships of financial association in some household types. There can be a combination of different household types living under the same roof.

Category

Household TypeFinancially Associated Person
Couple family householdsCouple with no children

ü

Couple with dependent children

ü

Couple with non-dependent children

Couple ü

Non-dependent children û

One parent family households coupleOne parent with dependent children

ü

One parent with non-dependent children

û

Other householdsSingle person

û

Group household

û

Geographically separated couples or dependent children

ü

Related adults
Only if joint tenants in property

4.4.2 What is a dependent child?

The Financially Associated Person Test differentiates between dependent and non-dependent children. The parent or parents of a dependent child will be considered a Financially Associated Person for the purposes of the Means Test. The table below outlines the circumstances in which a child is considered dependent and has a Financially Associated Person.

See also: Means Test Policy 7.3.

AgeFull-time student?Living at home?Financially Associated Person
0-17YesYes

ü

No

ü

NoYes

ü

No

û

18-24YesYes

ü

No

û

NoYes

û

No

û

25 and overNot considered dependent under the FAP test regardless of circumstances

û


Date last published: 13/05/2019