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Eligibility policy resources

  1. What is the new Financially Associated Person Test?

    The new test is based on household types which are based on the household types used by the Australian Bureau of Statistics.

    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.

    To determine whether an applicant for legal aid has a Financially Associated Person, start by identifying what household type the applicant belongs to. There can be a combination of different household types living under the same roof. The three main household categories are:

  2. What is a dependent child under the new FAP Test?

    A dependent child is any child who is 17 years and under, or 24 years and under if they are a full time student, and living with a parent or parents (in a couple family household or one parent family household).

    This includes any child who may be geographically separated because they are living, for example, in university accommodation.

    The parent/s of a dependent child are considered FAP.

  3. What is a non-dependent child under the new FAP Test?

    A non-dependent child, is any child who is 18 years and over and who is not engaged in full time study.

    This includes any adult child who is living at home with his or her parent/s, (in a couple family household or one parent family household) even in circumstances where they are not working or receiving a Centrelink income, and may not be contributing financially to the household.

    The parent/s of a non-dependent child are not considered FAP.

  4. Do the exemptions still apply?

    Yes, the same exemptions apply: for example, where a married couple are separated but living in the same household they will not be deemed to be financially associated persons.

  5. My 23 year old client lives at home with his parents: are his parents FAP?

    You will need to decide whether your client is a dependent or non-dependent child. They are financially associated persons if your client is a dependent child.

    A dependent child is any child who is 17 years and under, or 24 years and under if they are a full time student, and living with a parent or parents (in a couple family household or one parent family household).

    This includes any child who may be geographically separated because they are living, for example, in university accommodation.

    A non-dependent child is a child who is 18 years and over and who is not engaged in full time study.

    This includes an adult child who is living at home with his or her parents, even in circumstances where they are not working or receiving a Centrelink income, and may not be contributing financially to the household.

  6. My 28 year old client’s grandmother has paid his legal fees: is she a FAP?

    No, she is not a financially associated person.

  7. My 25 year old client is living with other family members: are they FAP?

    No, they are not financially associated persons.

  8. My client is not living with his parents but is receiving regular payments from them: are they FAP?

    No, they are not financially associated persons.

    You would need to take the payments into account when assessing your client’s means. Depending on the amount of the payments, you may also consider whether your client meets the ‘Ability to Pay’ test.

  9. My 27 years old client is living with her parents and is not working: are her parents FAP?

    No, they are not financially associated persons.

  10. My 34 year old client is living with her parents because of domestic violence: are her parents FAP?

    No, they are not financially associated persons.

  11. My 25 year old client is living with his mother as he needs somewhere to stay while he is on bail: is his mother a FAP?

    No, his mother is not a financially associated person.

  12. My client is in custody: is his wife his FAP?

    Yes, your client’s wife is a financially associated person.

  13. My client only lives at home one week a month: is his defacto a FAP?

    Yes, your client’s defacto is a financially associated person.

  14. My client lives with her sister and they own the house together: is her sister her FAP?

    If your client and her sister are joint tenants in the property then she is a financially associated person.

  15. My 23 year old client is a full-time student and living with his mother: is his mother a FAP?

    Yes, his mother is a financially associated person.