4. Lifestyle Test

When applying the Lifestyle Test, the determining officer should consider whether:

• The applicant’s lifestyle, activities and interests suggest they have, or should have access to, sufficient means to be able to afford to pay for the services of a private practitioner without undue hardship.

Some examples of what may indicate a lifestyle, interests or activities that may require further interrogation, include, where, for example the applicant:

• drives a prestige car (eg. a Lamborghini),
• lives in an expensive suburb and expensive housing which is well beyond their means as disclosed in their application for legal aid,
• has regular overseas holidays.

Note: where an applicant receives regular money into their bank account from a relative (who is not a FAP) or friend, it should be treated as income under the Income Test.

Note: where an applicant receives a lump sum payment from a relative (who is not a FAP) or friend it should be treated as an asset under the Assets Test.