Legal Aid NSW offices will be closed from Monday 23 December 2024 and will reopen on Monday 6 January 2025. During this time you can contact LawAccess NSW via web chat or by calling 1300 888 529. See Christmas closedown 2024–25 for more information.
An applicant receiving a Centrelink income support payment at the maximum rate satisfies the income test.
See Means Test 4.7 Income Test for Centrelink recipients for more details.
The following table is the income test which applies to all other applicants.
Applicant's net assessable income | Do they satisfy the Income Test? |
---|---|
$450 or less per week | Yes |
Greater than $450 per week | Only in exceptional circumstances. See Means Test 9: Discretions |
All applicants must also satisfy the Assets Test and Liftstyle Test.
Eligible applicants must pay an income contribution in all matters except those listed in Means Test 7.6 Matters exempt from initial contributions.
See Means Test 7: Means Test determines initial contribution.
The Income Test is applied to the applicant's net assessable income.
Net assessable income is:
Income from all sources is included in gross assessable income, except:
Gross assessable income includes, but is not limited to, the following:
NOTE: Income is calculated net of business overheads/expenses reasonably incurred in or for the purposes of gaining or producing that income. Such overheads/expenses will not be considered reasonably incurred merely because they have been, or are likely to be allowed or allowable deductions by the Commissioner of Taxation for the purposes of the Income Tax Assessment Act 1997 (Cth).
The following table sets out the allowable deductions in the Income Test.
Allowable deduction | Maximum weekly amount |
---|---|
Income tax (including Medicare levy) | Income tax paid |
Housing costs | Greater Metropolitan Region - $500 All other regions - $400 |
Financially associated person allowance | $225 |
Dependant allowance (per dependant) | $135 |
Child support (maximum per child) | $135 |
Childcare costs | $325 |
Except for financially associated person allowance and dependant allowance, applicants may only deduct the amount they actually pay for each allowable deduction, up to the maximum set out above.
For the purposes of the Means Test, an applicant is a resident of the Greater Metropolitan Region if he or she lives in a local government area defined in Schedule 1 of the Greater Cities Commission Act 2022 (NSW).
Housing costs include amounts paid for any style of housing as a place of residence on a regular basis and include rent, half board, mortgage instalments and municipal and water rates.
Child care costs may only be deducted if they are necessarily incurred by the applicant in order to work or study.
A financially associated person allowance is to be deducted for each financially associated person whose income is included in assessable income.
A dependant allowance is to be deducted for all genuine dependants whether or not they reside with the applicant (except dependent children who do not reside with the applicant).
A deduction may be made for child support or child maintenance payments made for children who do not reside with the applicant.
An applicant receiving a Centrelink income support payment at the maximum rate satisfies the Income Test if:
Centrelink recipients must also satisfy the Assets Test and the Lifestyle Test
Applicants who are granted legal aid are required to pay an income contribution of $75.00 unless the matter is exempt from initial contributions: see Means Test 7.6 Matters exempt from initial contributions.
The Centrelink income support payments to which this policy applies are set out in the following table.
Centrelink income support payments |
---|
ABSTUDY Scheme payments Age Pension Austudy Payment Carer Payment Disability Support Pension Parenting Payment Farm Household Allowance Special Benefit Youth Allowance JobSeeker Payment |
NOTE: A current Centrelink Statement of Benefit which states that the applicant or financially associated person is currently entitled to a Centrelink benefit or pension payable at the maximum rate is evidence of that fact.
If:
receive a partial Centrelink income support payment, the applicant must satisfy the standard income test at Means Test 4.2: All other applicants.
See also Assets test and Lifestyle test.
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