Extended Legal Assistance (ELA) Means Test

An applicant receiving a Centrelink or Department of Veterans’ Affairs (DVA) income support payment satisfies the Means Test.

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 household's 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.

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.

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.

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.

Verification of means is not required for ELA.

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.