A means test is a determination of whether an individual or family is eligible for government assistance or
welfare, based upon whether the individual or family possesses the means to do without that help.
Canada
In Canada, means tests are used for
student finance (for
post-secondary education),
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
, and "
welfare" (direct
transfer payments to individuals to combat poverty). They are not generally used for primary and secondary education which are tax-funded. Means tests for
public health insurance were once common but are now illegal, as the
Canada Health Act of 1984 requires that all the provinces provide
universal healthcare coverage to be eligible for subsidies from the federal government. Means tests are also not used for pensions and seniors' benefits, but there is a
clawback of
Old Age Security payments for people making over $69,562 (in 2012). The
Last Post Fund
The Last Post Fund is a Canadian non-profit organization and registered charity which was founded in 1909. The Last Post Fund’s mission is to ensure that "no Veteran is denied a dignified funeral and burial, as well as a military gravestone, due ...
uses a means test on a deceased veteran's estate and surviving widow to determine whether they are eligible for federal funding to subsidize their funeral.
United Kingdom
Resentment over a means test was among the factors giving rise to the
National Unemployed Workers' Movement in the
United Kingdom. Today, means-tested benefits—meaning that entitlement is affected by the amount of income, savings, capital and assets— is a central feature of the benefit system. Means testing is also part of the determination of
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
in a
magistrates court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Co ...
and for the higher
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
. The means test is based on income, family circumstances and essential living costs.
The
Beveridge Report of 1942 proposed a system of contributory benefits which would leave only a residual role for means-tested benefits which were then called
National Assistance.
The income limits are specified in relation to the needs of a household and for savings there are
upper limits for some of the benefits. A couple who are not married may be treated as
living together as a married couple.
The main means-tested benefits in 2019 were:
*
Income Support
* Income-based
Jobseeker's Allowance
* Income-related
Employment and Support Allowance
*
Pension Credit
*
Universal Credit
*
Housing Benefit
Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the state ...
*
Working Tax Credit
*
Child Tax Credit
Receipt of such benefits other than
Housing Benefit
Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the state ...
and tax credits is a passport to other non-cash help such as
free school meals, free
prescription charges,
Legal Aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
,
cold weather payment. The claimant, their partner and dependent children are covered. The rules for free
NHS dentistry
Dentistry provided by the National Health Service in the United Kingdom is supposed to ensure that dental treatment is available to the whole population. Most dentistry is provided by private practitioners, most of whom also provide, on a commerci ...
and
optical charges have become more complex since the introduction of
Universal Credit and have led to many people facing financial penalties, often wrongly.
People who are not entitled to any of the qualifying benefits may be able to qualify for help with health charges by a separate means test, the
NHS Low Income Scheme.
Defunct benefits include:
*
National Assistance
*
Supplementary Benefit
*
Family Credit
*
Family Income Supplement
*
Social Fund (UK)
United States
Means testing is used to test for eligibility to
Medicaid,
Temporary Assistance for Needy Families,
Section 8 housing,
Supplemental Nutrition Assistance Program
In the United States, the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, is a federal program that provides food-purchasing assistance for low- and no-income people. It is a federal aid program, ad ...
,
Pell Grant,
Federal Supplemental Educational Opportunity Grant,
Federal Work-Study Program
The Federal Work-Study program originally called the College Work-Study Programhttp://www.ed.gov/programs/fws/index.html The Department of Education : Federal Work Study and in the United States frequently referred to as just "Work-study", is a ...
, direct subsidized student loans, as well as the eligibility for relief for debtors who have sufficient financial ''means'' to pay a portion of their debts. The means test is perhaps best recognized in the United States as the test used by courts to determine eligibility for
Title 11 of the United States Code Chapter 7 Chapter 7 may refer to:
Albums
* ''Chapter Seven'' (album), a 2013 album by Damien Leith.
*''Chapter VII'', a 1973 album by drummer Buddy Miles
George Allen "Buddy" Miles Jr. (September 5, 1947February 26, 2008) was an American composer, drum ...
or
Chapter 13 bankruptcy
Title 11 of the United States Code sets forth the statutes governing the various types of relief for bankruptcy in the United States. Chapter 13 of the United States Bankruptcy Code provides an individual with the opportunity to propose a plan ...
.
During the
Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
in the 1930s, the test was used to screen applicants for such programs as
Home Relief, and starting in the 1960s, for benefits such as those provided by Medicaid and the Food Stamp Program.
In 1992, third-party Presidential candidate
Ross Perot
Henry Ross Perot (; June 27, 1930 – July 9, 2019) was an American business magnate, billionaire, politician and philanthropist. He was the founder and chief executive officer of Electronic Data Systems and Perot Systems. He ran an inde ...
proposed that future
Social Security benefits be subjected to a means test; though this was hailed by some as a potential solution to a purported impending crisis in funding the program, few other political candidates since Perot have publicly made the same suggestion, which would require costly investigations and might associate accepting those benefits with
social stigma.
In 2005, the US substantially changed its
bankruptcy laws, adding a means test to prevent wealthy debtors from filing for Chapter 7 Bankruptcy. The most noteworthy change brought by the
2005 BAPCPA amendments occurred within . The amendments effectively subject most debtors who make an income, as calculated by the Code, above the median income of the debtor's state to an income-based test.
This is referred to as the "means test". The means test provides for a finding of abuse if the debtor's income is higher than a specified portion of their debts. If a presumption of abuse is found under the means test, it may be rebutted only in the case of "special circumstances".
Debtors whose income is below the state's median income are not subject to the means test. Notably, the Code-calculated income may be higher or lower than the debtor's actual income at the time of filing for bankruptcy. This has led some commentators to refer to the bankruptcy code's "current monthly income" as "presumed income". If the debtor's debt is not primarily
consumer debt, then the means test is inapplicable.
Thus, the means test is a formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. These filers may use Chapter 13 bankruptcy to repay a portion of their debts, but may not use Chapter 7 to wipe out their debts altogether.
The bankruptcy means test is complex and the terms that govern many parts of it – including those terms that control whether it applies at all – are of unsettled definition.
Other examples
Other examples of means testing include Medifund in Singapore
Means Testing for Medical Subsidies
/ref> and Medical Cards in Ireland. Both are used in the healthcare sector. Australia uses a means test for its Age Pension.
See also
* Entitlement
* Entitlement theory
* Social welfare
* Conditional cash transfer
References
External links
U.S. Bankruptcy Courts information on means testing
LSC (UK) means-tested eligibility calculator
{{DEFAULTSORT:Means Test
Welfare economics
United States bankruptcy law
Social security
Welfare reform
Poverty law