1.6 Early Resolution Assistance (ERA)
Means Test

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

Eligible income support payments
AbstudyParenting Payment
Age Pension (including DVA Age Pensions)JobSeeker Payment
AustudyYouth Allowance
Carer PaymentSpecial Benefit
Disability Support PensionFarm Household Allowance

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.

Household typeEligible Income Limit (Gross)
 WeeklyAnnual
Single person household$1,157$60,160
Couple only household$1,365$71,000
Single person with children$1,757$91,360
Couple with children$1,980$102,890

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.

Excluded Centrelink allowances
Carer Allowance
Mobility Allowance
Double Orphan Pension
Assistance for Isolated Children Scheme payments

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
Bank, building society and credit union accounts
Cash
Term deposits
Managed funds

Cash assets not included are:

Excluded Cash Assets
Victims compensation, recognition, redress and reparation payments (see Means Test Guideline 1.3 List of schemes);
Insurance payments linked to flooding and/or fire;
Any cash not available to the applicant, including the net pool of assets pending a final property settlement.

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:

Applicants receiving Centrelink/DVA income support payments  All other applicants*
  • Pensioner card,
  • Centrelink Income Statement, or
  • Consent to us verifying their details with Centrelink.
  • Recent payslip or letter from each employer confirming current salary or wage including overtime, and
  • Statements showing three months transactions for all accounts.

* 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.

Means Test Indicator

ERA Means Test Indicator

A tool to assess if your client may be eligible for legal aid under the ERA Means Test.