Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1151

Members of couples

             (1)  This section applies to a special resident if:

                     (a)  the resident is a member of a couple; and

                     (b)  the resident shares the resident's principal home with the resident's partner.

Entry contribution above extra allowable amount

             (2)  If:

                     (a)  this section applies to a special resident; and

                     (b)  the resident's entry contribution was more than the extra allowable amount;

the resident is to be taken, for the purposes of this Act, to be a homeowner.

Entry contribution equal to or below extra allowable amount

             (3)  If:

                     (a)  this section applies to a special resident; and

                     (b)  the resident's entry contribution was equal to or less than the extra allowable amount;

then, for the purposes of this Act:

                     (c)  the resident is to be taken not to have a right or interest in relation to the resident's principal home; and

                     (d)  the resident's assets are to be taken to include an asset the value of which is equal to the amount of the resident's entry contribution; and

                     (e)  sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of paragraph (d) of this subsection, to be taken to have.

             (4)  Subsection (3) applies:

                     (a)  whether or not the resident actually has any right or interest in the resident's principal home; and

                     (b)  whatever the value of any right or interest that the resident does have in the resident's principal home.



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