Applying the Means Test - whose income and assets are considered? The applicant and financially associated persons The Commission's Means Test guidelines have regard to the ability of the applicant to meet the ordinary professional cost of the legal services the subject of the application. Accordingly, the Means Test guidelines are applied to the income and assets of the applicant and any financially associated person unless - it is considered that the income and/or assets are not available for the use or benefit of the applicant - the applicant does not have access to that income or those assets - the financially associated person has a contrary interest in the matter for which legal assistance is sought - disclosure of the legal problem may damage the relationship - in the case of a spouse, the applicant and spouse are separated, or - there are other special reasons why the means of the financially associated person should be disregarded. Any reference to the means of the applicant includes, where appropriate, the means of any financially associated persons as defined below. Applicant For the purpose of the Means Test, the applicant is regarded as the person on whose behalf legal aid is sought. Financially associated persons For the purpose of the means test a financially associated person may include any person from whom the applicant usually receives financial support who would be likely to financially assist the applicant in obtaining legal services. "Person" may include a relative, partner, spouse, corporation, trust, group etc. Children (a) Child's income Except as provided in paragraph (c) below the assessable income of a child applicant is: (i) the income of that child where that child supports himself/herself from that income (ii) any government benefit received by that child in his/her own right (iii) the income of the parents/guardians who support the child unless: - the parents/guardians have a contrary interest in the matter - disclosure of the matter to the parents/guardians would damage the relationship - the parents/guardians are genuinely unwilling or unable to assist the child in the matter. (b) Child's assets Except as provided in paragraph (c) below the assessable assets of a child applicant are: (i) the assets of that child where that child supports himself/herself from an income and/or government benefit received by that child in his/her own right (ii) the assets of the parents/guardians who support the child unless - the parents/guardians have a contrary interest in the matter - disclosure of the matter to the parents/guardians would damage the relationship - the parents/guardians are genuinely unwilling or unable to assist the child in the matter. (c) Where legal aid is sought by a child (under 18 years) for any criminal proceedings to be held outside the Children's Court (Children's Court matters not being subject to a means test) including appeals to the District Court from a decision of a Children's Court magistrate, the Means Test guidelines are applied to the income and assets of the child only and not to the income and assets of parents or financially associated persons. Corporations Where the applicant is a corporation, the Means Test guidelines are applied to the income and assets of: the corporation any person whose interest it is considered will be directly and beneficially affected if legal aid is granted to the applicant. Members of unincorporated associations Where the applicant is a member of an unincorporated association, the Means Test guidelines are applied to the income and assets of: the association any member of the association whose interests it is considered will be directly and beneficially affected if legal aid is granted to the applicant. Groups Where the applicant is seeking legal aid on behalf of a group the means to be considered are the means of the applicant and the group. When applying the Means Test guidelines to a group the following must be considered: the financial support that would be available from those members of the community who would be likely to support the aims of the group in the matter for which assistance is sought the group's ability to afford the cost of the legal proceedings the applicant's assets the general assets of the group. Applicants in Family Provision Act proceedings Where the applicant is applying for legal aid for proceedings under the Family Provision Act 1982, the Means Test guidelines are applied to the income and assets of: the applicant any other persons whose interest it is considered will be beneficially affected if legal aid is granted to the applicant.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.