Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1126AD

Disposals to which section applies

  (1)   If there is a disposal (the relevant disposal ) on or after 1   July 2002 of an asset by:

  (a)   a person who, at the time of the relevant disposal, is a member of a couple; or

  (b)   the person referred to in paragraph   (a) and the person who is, at that time, the partner of the person referred to in that paragraph;

subsection   (2) has effect.

Increase in value of assets

  (2)   Subject to this section, if:

  (a)   the sum of the amount of the relevant disposal and the amounts of any previous disposals of assets made during the rolling period by the person, the person's partner or the person and the person's partner;

less

  (b)   the sum of any amounts included in the value of the assets of the person or of the partner during the rolling period under section   1126AA, 1126AB or 1126AC or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the person and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place:

  (c)   an amount equal to one - half of the excess;

  (d)   one - half of the amount of the relevant disposal.

Note:   See also section   1126E (about modification of this Division in respect of certain assets).

Effect of ceasing to be member of couple

  (3)   If, after the disposal referred to in paragraph   (1)(a), the person and the person's partner cease to be members of the same couple:

  (a)   no amount is to be included after the cessation in the value of the assets of the former partner because of that disposal; and

  (b)   any amount that would, apart from this subsection, have been so included is to be included in the value of the assets of the person.

Effect of death of person

  (4)   If, after the disposal referred to in paragraph   (1)(a), the person dies, no amount is to be included in the value of the assets of the person's partner because of that disposal.

Effect of death of partner

  (5)   If, after the disposal referred to in paragraph   (1)(a), the person's partner dies, any amount that, if the partner had not died, would have been included in the value of the assets of the partner because of that disposal is to be included in the value of the assets of the person.

Rolling period

  (6)   For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30   June 2002.