1.6 Early Resolution Assistance (ERA)
Means Test

An applicant receiving a Centrelink income support payment satisfies the ERA 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.

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.

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.

Cash assets not included are:

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.

Applicants must verify their means for ERA. Lawyers must retain copies of their client’s financial verification on the client's file. Legal Aid NSW requires the following forms of evidence of means:

* If the applicant’s household is a ‘couple only’ or ‘couple with children’ household, the applicant must provide evidence of the means of the couple.

Note: Lawyers must retain copies of their client’s financial verification on the client's file.

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.