Policies
3. Delegation Instrument
3.14. Implementing the Means Test under section 35
| Item | Delegated Officer | ||||
| Certification | Determination | ||||
| Implementing the Legal Aid NSW Means Test under s 35. | Duty Solicitor | ||||
| In-house solicitor with the carriage of the matter | Determining Officer | ||||
| subject to the following discretions | |||||
14.1 |
Exercising discretion in applying the Means Test to grant legal aid when, after calculating the income, the net assessable income of the applicant exceeds the current maximum threshold by up to 10%. Officers must consider the factors set out in the Means Test at 7.10.1 when exercising this discretion. | Duty Solicitor | |||
In-house solicitor with the carriage of the matter | Determining Officer | ||||
Exercising discretion in applying the Means Test to grant legal aid to applicants whose net assessable income exceeds the income eligibility threshold by over 10% and/or does not satisfy the Means Test. Officers must take into account the factors set out in the Means Test discretions at 7.10.2 when exercising this discretion. Note: where an officer is exercising this discretion and the decision requires a reduction in the initial contribution amount, the officer should be aware that the amount by which the contribution is reduced must be in accordance with the officer’s delegation set out under clause 3.18 (varying s.36 contributions). | Solicitor Grade IV | Solicitor Grade IV Grants | |||
| 14.3 | Exercising discretion in applying the Means Test to disregard, for elderly applicants, the home equity in excess of the maximum ceiling to grant legal aid and calculate a contribution on assets. See Means Test discretion at 7.10.5. | Solicitor Grade IV | Grants Officer Grade 5-6 Solicitor Grade I-III Grants | ||
| 14.4 | Determining to refuse legal aid to applicants whose income and assets fall within the Means Test. Determining to refuse legal aid can be made in the following situations:
| Solicitor Grade IV | Solicitor Grade IV Grants | ||